McGowan v. Quincy Mutual Fire Insurance

A review of the entire transcript, including not only the oral stipulations of counsel but also the evidence actually introduced and disputed, leads us to the conclusion that the only (and ultimate) issue which the parties cared to and actually did litigate was whether the plaintiff had “exercised due diligence with respect to maintaining heat in the building” within the meaning of paragraph 3 of the “Additional Exclusions” of the policy covering the building. As the case was tried, the only question of fact was whether there had been any fuel oil in the tank of the separate heating system…