Kelly v. Empire Fire and Marine Ins. Co.

Plaintiff was the named insured in a policy issued by defendant. The policy, by endorsement, covered a semi-trailer. The policy contained the usual declaration that plaintiff, except for certain qualifications not here pertinent, was the “sole owner” of the property insured. The trailer was damaged in a fire. It developed that plaintiff was not the owner of the trailer. Plaintiff had merely given his oral guaranty to make good any failure of the one who did purchase the trailer to make certain installment payments on the purchase price of the trailer. This was plaintiffs only insurable…