Broyles v. Scottish Union & National Ins.

This suit was instituted to collect $1,500 on a fire insurance policy issued by the Scottish Union & National Insurance. Company, and payable to the insured, R. M. Barry, trustee. The company resists payment and seeks a forfeiture of the policy on the ground that R. M. Barry, trustee, was not the “sole and unconditional owner of said property.” The policy provides for a forfeiture in case the insured is not the sole and unconditional owner of the property. As an additional defense, the company relies upon an equitable estoppel, alleging that at the time of the fire there were two policies of…