Farmers Insurance v. St. Paul Fire & Marine Insurance

Plaintiff brought this action to obtain contribution for a loss paid for fire damage to a dwelling that both parties insured. The trial court granted defendant’s motion for summary judgment and denied plaintiff’s motion. Plaintiff appeals.

In February, 1983, Spotts sold land and a house to Brand by a land sale contract. Pursuant to the contract, Brand procured fire insurance from plaintiff on the building in the amount of $60,000. The contract also required that Spotts be made a loss payee under the policy, and that was done. Without Brand’s knowledge, Spotts took out insurance with defendant…