Harper v. Michigan Mutual Tornado, Cyclone & Windstorm Insurance
Michigan Supreme Court
Error to Shiawassee; Miner, J. Assumpsit by Guy Harper against the Michigan Tornado, Cyclone & Windstorm Insurance Company on a policy of insurance. Judgment for plaintiff. Defendant brings error. On January 17, 1908, defendant issued one of its policies to Charles and Isabell Brown, who on that day, according to the terms of the policy, became members of the defendant organization. The policy was in the sum of $1,500, and covered a store building in the city of Owosso.
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Error to Shiawassee; Miner, J. Assumpsit by Guy Harper against the Michigan Tornado, Cyclone & Windstorm Insurance Company on a policy of insurance. Judgment for plaintiff. Defendant brings error. On January 17, 1908, defendant issued one of its policies to Charles and Isabell Brown, who on that day, according to the terms of the policy, became members of the defendant organization. The policy was in the sum of $1,500, and covered a store building in the city of Owosso. On October 27, 1911, the Browns sold the insured property to plaintiff. The policy, which was introduced in evidence upon…
1Opinion of the CourtBrooke, J.
{after stating the facts). While the evidence that plaintiff gave notice to defendant of the de-, struction of the building before defendant’s approval of the assignment was indorsed upon the policy is not to us convincing, we find it unnecessary to determine that the verdict based upon that finding is against the weight of the evidence. We will assume that on November 18th, when the secretary indorsed his approval of the assignment, he knew that the building had been destroyed, and that he intended by his act to receive the policy so as to make it cover a loss that had already occurred. It…
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