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FIDELITY & GUARANTY INSURANCE CORP. v. MONDZELEWSKI

No. 5, 1955.

117 A.2d 369 (1955)

FIDELITY and GUARANTY INSURANCE CORPORATION, a corporation of the State of Maryland, Commercial Union Assurance Company, Limited, a corporation of the State of New York, New York Fire Insurance Company, a corporation of the State of New York, and Ohio Farmers Insurance Company, a corporation of the State of Ohio, Appellants, v. Elsie MONDZELEWSKI, Appellee.

Supreme Court of Delaware.

October 25, 1955.

Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., Wilmington (Albert L. Simon, Wilmington, on the brief), for appellants.

Charles L. Paruszewski, Wilmington, for appellee.

Januar D. Bove, Jr., Wilmington (William F. Lynch, II, Wilmington, on the brief), City Sol. for City of Wilmington, amicus curiæ.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The facts of this case are stated in our prior opinion. See 115 A.2d 697. We held in that opinion that in a suit on fire insurance policies, in which the insured claims a total loss by reason of enforced demolition of the buildings after the fire, the insurer may defend by asserting either the invalidity of the ordinance requiring demolition or the invalidity of...

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