St. Paul Fire & Marine Insurance v. Valley Insurance

Defendant appeals a judgment of $26,350.76 for plaintiff in its action for contribution from defendant. That sum is one-half of the amount that plaintiff paid to its insured, Smith, for fire damage to her home. Defendant assigns as errors that the court denied its motion for summary judgment 1 and entered judgment for plaintiff after trial. We affirm.

Defendant argues that the court erred because, before the loss, Smith had cancelled her policy with defendant, either orally or by “substitution.” The court, without a jury, made a “general finding * * * in favor of the plaintiff and against the…