Rock County Savings & Trust Co. v. London Assurance Co.

The proceeds of the policy having been paid into court by the insurer, the question for decision is to whom do these proceeds belong as between Mattie Tyler and the estate of Mary Curry? A fire insurance contract is a personal indemnity agreement for the insureds, the proceeds of which will indemnify them for the loss they might suffer from the risks covered by the policy. The rights of the insureds as against the insurer are determined as of the date of loss. Kolehouse v. Connecticut Fire Ins. Co. (1954), 267 Wis. 120, 65 N. W. (2d) 28; Evans v. Crawford County Farmers’ Mut. Fire Ins. Co.…