Smith v. Hartford Fire Insurance

Pope, Judge.

Appellant’s house was destroyed by fire on October 19, 1979. The house was insured by appellee, Hartford, which mailed a check to appellant for $6,868.00 to cover the loss of the contents of the destroyed dwelling. Appellant refused to accept the check, which was made payable to both appellant and his former wife, and returned it to Hartford requesting that they issue a check payable only to him. The insurer refused.

Appellant had informed the insurer that he had been divorced prior to the fire and the final divorce decree incorporated an agreement whereby appellant’s ex-wife…