Anderson

From a judgment entered following the sustaining of a general demurrer without leave to amend, plaintiffs appeal.

By their complaint, plaintiffs, consisting of several insurance companies, seek declaratory relief against the defendants, including one Osborn. Plaintiffs at the request of “defendants” issued fire insurance policies totaling $125,000 to defendant Anderson, as the named insured, insuring him against loss and damage by fire to a stock of tires with loss, if any, payable to defendants, Lange and Stoll. Allegedly, a fire was wilfully set by ‘ ‘ defendants” which damaged the tires. Several months after the fire, defendant Anderson filed sworn statements in proof of loss to the total amount of the policies. By their pleadings, it is plaintiffs’ position that with knowledge of the fact the plaintiffs would not issue a policy of insurance to defendant Osborn, defendants entered into a conspiracy whereby Osborn’s ownership of the tires was concealed from plaintiffs, thereby causing them to issue the policies as they did and had they known these facts, they would not have issued the policies. It is claimed by plaintiffs that defendant Osborn owns the tires and was entitled to…