Riley v. Switzer Mutual Fire Ins

*214OPINION

By POLLOCK, J.

Under these facts, the question to be determined in this procedure is “Did the plaintiff in error have a right to recover from the defendant in error, the amount of the insurance on this dwelling house which was destroyed by fire.”

The plaintiff in error urges that because the insurance company at the request of the plaintiff- in error, issued what is known as a “loss clause” as set out in the petition, in consideration of the plaintiff in error paying the future assessments, that it constituted an insürance agreement between the parties sufficient to bind the defendant…