Zappa v. Higgins

Bell, Presiding Judge.

1. This is an action by motel operators to recover for rental of rooms to defendant. The evidence on the trial showed that defendant’s dwelling had been damaged by fire, that it was insured by Allstate Insurance Company under a homeowner’s policy providing coverage for additional living expenses, and that while the dwelling was being repaired defendant engaged rooms at plaintiffs’ motel. Defendant sought to establish as a defense that he and plaintiffs had expressly agreed that the bill would be paid by Allstate and that defendant would not be personally responsible.…