Madgett v. Monroe County Mutual Tornado Insurance

The plaintiff seeks to recover as the insured from the defendant as insurer under an insurance policy covering windstorm damages. The weakness in plaintiff’s case is that he had no policy of insurance with the defendant company on the date when the damages were sustained. The company had issued a windstorm policy to the previous owner but that policy had not been assigned to plaintiff, and no new policy had been issued. The relationship of insurer and insured derives from a contract of insurance. Here it is conceded that there was no contract of insurance between the plaintiff and the…