Legal Opinion

Capital Mortgage Corp. v. Michigan Basic Property Insurance

Michigan Court of Appeals

Decided September 21, 1977No. Docket 30501PublishedCited by 6 opinions

1Opinion of the CourtBronson, J.

Plaintiff instituted this action to recover the proceeds of a fire insurance policy covering a residential home in the City of Detroit. Summary judgment was entered in favor of defendant, Michigan Basic Property Insurance Association, on the basis that, as a matter of law, plaintiff did not have an insurable interest in the subject property and also on the ground that plaintiff was not a real party in interest.* 1 See GCR 1963, 201.2. 2

Plaintiff became mortgagee on the subject property on December 30, 1971. It assigned the mortgage to the Federal National Mortgage Association (FNMA) on the…

2Cases cited4 opinions

  1. Harrison v. FortlageSupreme Court of the United States · 1896
  2. Crossman v. American InsuranceMichigan Supreme Court · 1917
  3. Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1881
  4. Booker T. Theatre Co. v. Great American InsuranceMichigan Supreme Court · 1963

3Cited by6 opinions

  1. Barnard Manufacturing Co. v. Gates Performance Engineering, Inc.Michigan Court of Appeals · 2009
  2. FEDERAL &C. ASSN. v. Hanover Ins. Co.Supreme Court of Georgia · 1979
  3. Rite-Way Refuse Disposal, Inc v. VanderploegMichigan Court of Appeals · 1987
  4. Jones v. Equicredit Corp.Court of Appeals of South Carolina · 2001
  5. Federal National Mortgage Ass'n v. Hanover InsuranceSupreme Court of Georgia · 1979

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