FIDELITY & GUARANTY INSURANCE CORP. v. Mondzelewski

Southerland, C. J.:

The facts of this case are stated in our prior opinion. See 115 A. 2d 697. We held in that opinion that in a suit on fire insurance policies, in which the insured claims a total loss by reason of enforced demolition of the buildings after the fire, the insurer may defend by asserting either the invalidity of the ordinance requiring demolition or the invalidity of the action of the Building Inspector under it.

The ordinance in effect requires such demolition if damage by fire exceeds fifty per cent of the assessed value of the buildings. It was urged that this provision was…