McKinney v. Providence Washington Insurance Co.

Haymond, Judge:

This is a proceeding by notice of motion for judgment instituted in the Circuit Court of Wyoming County in January 1957, in which the plaintiff, Kermit McKinney, seeks a recovery from the defendant, Providence Washington Insurance Company, a corporation, upon a fire insurance policy issued by it to the plaintiff on October 10, 1953, for a period of three years, on a frame one family dwelling situated on a thirty five acre tract of land in Wyoming County.

The defendant filed a statement of defense in which it alleged that certain specified conditions suspending or restricting the…