Baird v. Fidelity-Phenix Fire Ins. Co.

This suit was brought to recover $2,000 on a fire insurance policy issued to “Malcolm Baird, Executor of the estate of Mrs. Mollie P. Chambers, deceased,” insuring against loss of a store building. The loss in the amount sued for is conceded, the sole defense interposed being an alleged breach of the provision (standard) that the policy shall be void, “if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple.”

In response to this defense it was originally asserted that (1) the…