Craig v. Insurance Co. of Pennsylvania
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Bill by John Craig against the Insurance Company of the State of Pennsylvania, impleaded with Rose C. Delisle and Henry Lezotte to reform a policy of insurance, and to establish a trust. From a decree for complainant, defendants Delisle and Lezotte appeal.
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Appeal from Wayne; Rohnert, J. Bill by John Craig against the Insurance Company of the State of Pennsylvania, impleaded with Rose C. Delisle and Henry Lezotte to reform a policy of insurance, and to establish a trust. From a decree for complainant, defendants Delisle and Lezotte appeal. The trial court, in its decree, made the following findings: The court finds that, under the contract for the sale of real estate, by the complainant to the defendant, Henry Lezotte, the said Lezotte agreed to insure the buildings against loss by fire, in an amount approved by complainant, and to assign the…
1Opinion of the CourtHooker, J.
Complainant sold certain premises to Lezotte upon land contract; his claim being secured by an insurance policy to Lezotte with a provision that the loss, if any, should be paid to him as his interest might appear. When the time for it to expire arrived, Lezotte took a policy in another company; the provision for complainant’s indemnity being omitted. Soon after this, the building upon the premises burned, and Delisle, to whom the policy had been assigned, sued the company which issued the policy and obtained a judgment for the amount of the policy. Thereupon the bill was filed in this case…
2Cases cited3 opinions
- Miller v. AldrichMichigan Supreme Court · 1875
- American Ice Co. v. Eastern Trust & Banking Co.Supreme Court of the United States · 1903
- Balen v. Hanover Fire InsuranceMichigan Supreme Court · 1887
3Cited by2 opinions
- Cottrell v. ClarkMichigan Court of Appeals · 1983
- Smith v. American InsuranceMichigan Supreme Court · 1913