Home Insurance Company of New York v. Dalis

F Anson, Jr.,

delivered the opinion of the court.

Plaintiffs, M. Dan Dalis and Nathan Ringler, filed a motion for judgment against the defendant, Home Insurance Company of New York, to recover on a fire insurance policy for loss of two barns on property owned by them as tenants in common. Defendant admitted in its responsive pleadings the existence of the policy of insurance and the destruction of both buildings by fire, but denied that plaintiffs had an insurable interest in the buildings because at the time of the fire they did not have title to the land on which the buildings were situated,…