#### Charles P. Wilson, Appellee, v. Hartford Fire Insurance Company, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding. Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 13, 1915.

Statement of the Case.

Action by Charles P. Wilson, plaintiff, against the Hartford Fire Insurance Company, a corporation, to recover for a loss by fire based on an oral contract to renew a policy in force. From a judgment for plaintiff, defendant appeals.

The case was before the court in a former appeal, 188 Ill. App. 181, where it was reversed and remanded on the ground that the declaration was insufficient. More than a year after the loss an additional count was filed.

O. M. Jones and Babgeb & Hicks, for appellant; C. O. Caelson, of counsel.

Lindley, Penwell & Lindley, for appellee; Waltee C. Lindley, of counsel.

*627Abstract of the Decision.

Insurance—when action may be maintained on oral contract to renew fire policy. Though a fire insurance policy provided that no recovery could be had thereunder unless an action was commenced' within one year after the loss, held that a recovery could be had on an oral contract to renew such policy though the action was not commenced within the period named in the policy.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.