MELLINGER v. PARADISE MUT. INS. CO.

No. 5.

59 Pa. D. & C. 2d 207 (1972)

Mellinger v. Paradise Mutual Insurance Company

Common Pleas Court of York County, Pennsylvania.

April 6, 1972.


Attorney(s) appearing for the Case

John W. Thompson and Daniel W. Shoemaker, for plaintiffs.

Gilbert G. Malone, for defendant.


BUCKINGHAM, J., April 6, 1972.

Plaintiffs' original complaint was filed on May 3, 1971. They alleged that their barn, which was insured by defendant, was twisted and dislodged by a violent windstorm which caused the barn to collapse on April 2, 1970. Defendant's answer and new matter pled that portion of the insurance policy which precluded recovery unless suit was started within 12 months after inception of the loss. Plaintiffs' reply, somewhat inarticulately, pled...

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