Swartz v. Great American Insurance

Andebson, J.,

— In this proceeding plaintiffs have instituted suit against defendant for a fire loss in the amount of $3,500 as a result of the destruction by fire of plaintiffs’ dwelling and contents on February 3, 1950, which were insured by defendant company against loss by fire. The pleadings show that the fire occurred on February 3, 1950, and suit was instituted on February 9, 1951. Defendant by preliminary objections raises two points which are now before the court for determination as follows:

1. Plaintiffs failed to attach to the complaint a copy of the policy of fire insurance as…