Ramirez v. United Firemen's Insurance Co.

SHAW, J.

On June 16 and 17, 1915, the defendant United Firemen’s Insurance Company of Philadelphia issued to plaintiff two policies of fire insurance, one in the sum of $350 upon his dwelling-house, and one for one thousand dollars on the furniture therein. Thereafter, by a contract of reinsurance, the defendant British America Assurance Company entered into a contract whereby it assumed the obligations of said first-named company. Nearly two years thereafter, to wit, May 2, 1917, the house and contents were destroyed by fire, and in an action brought by plaintiff upon the policies, judgment • was rendered in his favor for one thousand dollars, from which defendants appeal.

Appellants base their position upon two clauses of the policy; one relating to the title of the insured, and the other to the furnishing by him of sworn proofs of loss within a certain time.

[1]

The policy contained, among other provisions, the following: “This entire policy shall be void, ... if the interest of the insured be other than unconditional and sole ownership.” Following the allegation of the complaint, the. court found “that at the time of the issuance of said policies of.insurance the plaintiff was, and continuously thereafter up to the time of the destruction thereof by fire on the second day of May,'1917,” was the unconditional and sole owner of the property insured. This finding is attacked upon the ground that the evidence is insufficient to support the same. While there is some conflict in the testimony, it appears from that produced by plaintiff that, while not the record owner of the property, he was at the time of the issuance of the policies in possession thereof under a contract to purchase the same upon monthly payments therefor, which agreement or contract was entered into and possession of the property taken prior to the issuance of the policies. This agreement was destroyed in the fire, but plaintiff’s testimony tends to show that under the memorandum he entered into possession of the property and was thereby obligated to pay $1,150 for the same, $50 of which

[453]

was paid in cash and the remainder thereof to be paid at the rate of $10 per month, in consideration of which the vendor obligated himself, upon the completion of such payments, to convey the property to plaintiff.