Higgins v. Insurance Company of North America

This is an action on a fire insurance policy in which the trial court found for plaintiffs and defendant Insurance Company of North America appeals. The principal questions on appeal are whether plaintiffs had an insurable interest in the insured premises, the effect on plaintiffs’ claim of other insurance on the same property, whether the filing of a proof of loss was waived, and the amount plaintiffs were entitled to recover under the terms of the policy.

There is little dispute about the facts. John Vickroy owned a house and lot at 943 Lorane Highway in Eugene which he wanted to sell. On…