American Automobile Fire Insurance v. Spieker

— The appellant as insurer paid the appellee as insured the sum of $250 for damages resulting to appellee’s automobile by a fire caused by the negligent act of a third party, hereafter referred to as the tortfeasor. Some personal effects of appellee which were in the automobile were destroyed by the fire. These were not covered by appellant’s policy of insurance. After having made settlement with appellant, appellee, acting on. the advice of a representative of appellant, filed a claim with the insurer of the tort-feasor for the loss of his personal effects. This insurer without the knowledge…