Holmes v. Allemannia Fire Insurance

Citations

• 77 Pa. Super. 337
• 1921 Pa. Super. LEXIS 266

Syllabus

<p>Insurance — Insurance policies — Title of insured — Insurable interest.</p> <p>In an action on an insurance policy, it appeared that the plaintiffs held the legal title to the insured property, and that they had executed a declaration of trust, in which they acknowledged that they held the property in trust for a church congregation. They procured an insurance on the property, taking the policy in their own names, which policy contained the following clause: “This entire policy shall be void......if the interest of the insured be other than unconditional and sole ownership.” Subsequently the building erected on the lot was destroyed by fire, and suit was brought on the policy in the names of the plaintiffs, who held the title.</p> <p>Held: That not being the owners of the property, the plaintiffs had no insurable interest and that if they held the property as trustees jhere should have been some intimation of that fact conveyed to the insurance company, and that under the circumstances, •there could be no recovery on the policy.</p>