INSURANCE - INSURABLE INTEREST - TENANT AT WILL

Authors

Robert D. Ulrich, University of Michigan Law SchoolFollow

Abstract

Plaintiff, an unincorporated religious association, brought this action to recover on a fire insurance policy. Evidence was introduced from which the jury could find that the plaintiff had occupied and used the premises as a church for sixteen years before the policy was issued, but during this period title stood in the name of an incorporated church society. After the date of the policy, but prior to the loss, title was conveyed to the plaintiff. Defendant insurer appeals from judgment for the plaintiff on the ground that plaintiff had no insurable interest on the date of the policy. Held, the evidence warranted the inference that there was an affiliation between titleholder and occupant, which gave the occupant a prospect approaching assurance that its possession would be allowed to continue. This prospect had a value capable of measurement in money terms, and was an insurable interest. Womble v. Dubuque Fire & Marine Ins. Co., (Mass. 1941) 37 N. E. (2d) 263.

Recommended Citation

Robert D. Ulrich, INSURANCE - INSURABLE INTEREST - TENANT AT WILL, 41 Mich. L. Rev. 175 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss1/18