ABRUZZINO v. NATIONAL FIRE INS. CO.

No. 15-C.

26 F.Supp. 934 (1939)

ABRUZZINO v. NATIONAL FIRE INS. CO. OF HARTFORD, CONN.

District Court, N. D. West Virginia.

March 22, 1939.


Attorney(s) appearing for the Case

Wm. T. George, of Philippi, W. Va., and Karl B. Kyle, of Clarksburg, W. Va., for plaintiff.

James M. Guiher, of Clarksburg, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

Plaintiff sues to recover the sum of $5,000 alleged to be due upon a fire insurance policy, containing the following provision: "Unless otherwise provided by agreement in writing added thereto, this company shall not be liable for loss or damage occurring * * * (b) while the hazard is increased by any means within the control or knowledge of the insured."

In the third paragraph of its answer, defendant avers that at and prior...

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