Gilmore v. Continental Insurance

The defendant owned a mill and dwelling house and the dwelling was insured with the plaintiff. There was a fire, wliich destroyed both the mill and the residence. The fire was alleged to have been caused by the negligence of a third person. The insurer paid the loss on the dwelling house and took from the insured an assignment of his claim or right of action against the third person, wherein the insurer became subrogated to all the rights of the insured against the tort-feasor. Thereafter the insured settled with the tort-feasor, as he claims, for damages to his person and to his mill…