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FIDELITY & GUARANTY INSURANCE CORP. v. MONDZELEWSKI

115 A.2d 697 (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. Elsle MONDZELEWSKI, Appellee.

Supreme Court of Delaware.

July 7, 1955.

Attorney(s) appearing for the Case

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

Charles L. Paruszewski, Wilmington, for appellee.

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

SOUTHERLAND, Chief Justice.

Plaintiff brought suit upon policies of fire insurance totalling $7,000 in amount and covering two adjoining frame buildings in the first fire district of the City of Wilmington. She sought to recover as for a total loss. Her motion for summary judgment was granted and the companies appeal, urging that the loss was partial only, and that judgment should have been entered for only $1,550, the amount of the fire damage found by appraisal...

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