Foxbilt, Inc. v. Citizens Insurance

RILEY, District Judge.

This action to recover on a fire insurance policy was removed here because of diversity. Defendant insured plaintiff against loss by fire by a policy issued July 21, 1951, to which was added, on January 19, 1953, an endorsement insuring improvements and betterments to building not owned by insured and agreeing, in the event of loss thereof, to accept and consider plaintiff the sole and unconditional owner, despite any contract or lease to the contrary.

The premises in which plaintiff had installed the improvements and betterments were occupied under a lease which had…