John Hancock Mutual Life Insurance v. Fireman's Fund Insurance

On October 11,1938, a machine shed, located on a Lincoln county farm, was totally destroyed by an accidental fire. The building was insured against fire loss through two insurance policies issued by Fireman’s Fund Insurance Company. On March 9, 1939, it denied liability, and this action on the policies was brought against it by John Hancock Mutual Life Insurance Company. The trial court entered judgment for one thousand dollars, the full amount of the policies. The insurance company has appealed.

While there is but little dispute as to the facts, they are somewhat complicated. Clarity will,…