Stone v. M.F.A. Mutual Insurance Co.

CLEMENS, Senior Judge.

Action on fire insurance policy to recover $50,400 for the value of plaintiff’s home, totally destroyed by fire on December 23, 1977. The only issue here is whether defendant’s policy was then in force. Facially it was not, being issued for one year beginning December 17,1976 and ending December 17, 1977 — six days before the fire. After the fire plaintiff tendered and defendant rejected an annual renewal premium.

The trial court gave defendant judgment ruling:

“The clear and unambiguous terms of the policy provided for a policy term effective from 12:00 noon December 17,…