Hang v. Old Guard Mutual Insurance

Burkholder, J.,

Plaintiffs filed their complaint in assumpsit against defendant insurance company alleging that “Hurricane Hazel blew the roof and part of the end off [their] barn” causing damage amounting to $274.18 which was covered by an insurance policy issued by defendant.

Defendant filéd its answer alleging that plaintiffs “in their first proof of loss . . . fixed the loss and damage at $268.70”; that under the provisions of the policy this loss had to be prorated because, in addition to the $2,000 of insurance on the barn under defendant’s policy, there was $2,000 more insurance on the…