Newman v. North River Ins. Co. of N.Y.

Opinion by

Mr. Justice Drew,

This is an action in assumpsit upon a policy of fire insurance to recove]* the value of the insured property, an airplane, which was totally destroyed by fire on November 2, 1930. Defendant, the insurer, refused to pay the loss on the ground that plaintiff was not, as required by the policy and as he had warranted in his application therefor, sole and unconditional owner of the aircraft in question, but that, on the contrary, he pbssessed no insurable interest therein. By agreement, the case was referred for determination to a referee, who reported findings of fact…