Burton Foster Insurance Agency, Inc. v. McNeil

In this action, the plaintiff seeks to collect unpaid premiums for a fire and liability insurance policy on two buildings owned by the defendant. The defendant counterclaimed for the return of all previously paid premiums. The principal question in this case is whether, under the circumstances hereafter narrated, actual coverage would have existed had a loss occurred.

The court found in favor of the plaintiff in the case-in-chief, and against the defendant on defendant’s counterclaim.

At the trial, there was evidence that the defendant requested the plaintiff to place insurance in the amount of…