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MARYLAND CASUALTY COMPANY v. CRAIG

194 S.E.2d 729 (1973)

213 Va. 660

MARYLAND CASUALTY COMPANY v. James E. CRAIG and H. R. Fauber.

Supreme Court of Virginia.

March 5, 1973.

Attorney(s) appearing for the Case

Wayt B. Timberlake, Jr., Staunton (Timberlake, Smith, Thomas & Moses, Staunton, on brief), for plaintiff in error.

Lloyd T. Smith, Jr., Charlottesville (Tremblay & Smith, Charlottesville, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

James E. Craig and H. R. Fauber, plaintiffs below, recovered a judgment for $8,000 against Maryland Casualty Company (Company), representing the amount allegedly due them under a fire insurance policy issued by the Company. The policy insured an unoccupied dwelling owned by Craig which was destroyed by fire. The Company denied liability and Craig and Fauber brought action. At the trial the Company moved to strike plaintiffs' evidence. The trial...

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