West Bend Mutual Insurance v. Salemi

Plaintiff, West Bend Mutual Insurance Company (West Bend), appeals from trial court orders which granted defendant Frances Salemi’s motion for summary judgment, dismissed defendant Antoinette Herrick, and entered a damages judgment for Salemi. Plaintiff asserts on appeal that the trial court erred in (1) finding that defendant Salemi had an independent, contractual right to recovery of proceeds payable under a fire insurance policy, (2) dismissing defendant Herrick, and (3) determining Salemi’s damages as a matter of law.

In September 1977 defendant Antoinette Herrick (buyer), among others,…