Koutsourades v. Mericle

This is an action to recover the sum of $5,000, ibased upon a lease (agreement ¡between the parties, under one of the terms of which the defendant contracted arid agreed to oibtain .insurance in that amount against loss of the subject premises due to ¡fire. The dwelling was totally destroyed by fire (hr or. about August 14,1970, about 10 weeks after the lease was executed.

The defendant’s answer contained general denials and several affirmative defenses, one of ¡which alleges that plaintiff knew of the defendant’s failure to obtain insurance, within sufficient time prior to the fire so that he…