SPIRES Et Ux. v. Hanover Fire Ins. Co.

Dissenting Opinion by

Me. Justice Linn:

The complaint is sufficient, in my judgment, to require an answer, and states a case in which the defendant should wish to state why it refuses to pay. The charge is that the defendant received the regular premium; that it insured against damage to plaintiff’s property, (Hangar No. 1 in the sum of 117,50o)1 and, after the fire settled with two beneficiaries, the tenant and the chattel mortgagee, but refused to settle with plaintiffs, owner of the hangar. Why? The complaint discloses that the tenant, the named insured, declined to file a *66proof of loss on…