Duncan v. Federal Union Insurance

Kenna, Judge:

• Emma Hope Duncan brought notice of motion in the circuit court of Cabell County against Federal Union Insurance Company on a policy of fire insurance, and to the notice the defendant appeared and filed specifications of defense setting up a clause in the policy, requiring action to be brought thereon, if at all, within twelve months after the fire. The specification alleges that the fire, occurred April 16, 1931. The notice was brought April 17, 1933. To this specification, the plaintiff replied in writing, stating the fire occurred April 16, 1931; that the defendant denied all…