W. Wood Prince and James F. Donovan, as Trustees of the Central Manufacturing District v. Royal Indemnity Company

TONE, Circuit Judge.

This is a diversity action on a fire insurance policy containing the usual provision that assignment of the policy requires the insurer’s consent. The issue is whether under Illinois law the insured had an insurable interest which entitled him to recover for a fire loss after selling the insured property, assigning the policy, and undertaking to forward the assignment to the insurer for acceptance but failing to do so. When the buildings covered by the policy burned and the seller-insured filed a proof of claim, the insurer, not having received the assignment or consented…