Miller v. Phoenix Insurance Co.

STONE, Justice.

After trial without a jury and a decision for plaintiff, defendant appeals from the judgment.

The suit is on a policy of insurance issued by defendant February 15,1930, to “N. N. Bergheim, as administrator of the estate of Anna Olson, decedent, and her legal representatives.” The Olson estate was then in course of probate, and Mr. Bergheim was the administrator. One Sandeen was the sole heir. October 30, 1931, the insured building, a dwelling, was destroyed by fire set by Sandeen. The act was that of an insane man. Hence the incendiarism is not urged as defense.

The policy was…