Kurowski v. Retail Hardware Mutual Fire Insurance

The rule that within the meaning of insurance policies one in possession of premises under a written land contract is an unconditional and sole owner and the owner of the premises in fee simple is too familiar to require citation of authorities to support it. With like reason one in possession under an oral contract so far executed as to entitle him to specific performance is such owner. It is agreed that the deed in evidence transferred a fee-simple title.

The defendants’ claim as to the state of the title voiding the policy is that the partnership agreement carried out by erection of the…