Johnson v. Phenix Mutual Fire Insurance

In this case we consider whether the plaintiff, whose property was damaged by fire, may recover insurance proceeds when she was not a named insured. We hold that the defendant insurance carrier is estopped from denying coverage.

The plaintiff, Verna Johnson, and her husband, Theodore Johnson, bought real estate in Farmington, New Hampshire, in March 1973. They received a warranty deed made out to “Mr. and Mrs. Johnson” and executed a mortgage deed in favor of the Strafford Savings Bank of Dover, New Hampshire. From 1973 until 1976, the Johnsons’ fire insurance policies named both of them as…