Rockingham Mutual Fire Ins. v. Bosher
Supreme Judicial Court of Maine
TRESPASS ON THE CASE. The plaintiffs insured one Shannon in a certain sum upon his store or shop and goods therein, which was burnt during the life of the policy. The loss was adjusted by the parties to the policy and paid; and this action was brought to recover the amount so paid, of the defendant, who was alleged in the writ to have wilfully and maliciously set fire to the building for the purpose of defrauding Shannon, the owner, and the plaintiffs.
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TRESPASS ON THE CASE. The plaintiffs insured one Shannon in a certain sum upon his store or shop and goods therein, which was burnt during the life of the policy. The loss was adjusted by the parties to the policy and paid; and this action was brought to recover the amount so paid, of the defendant, who was alleged in the writ to have wilfully and maliciously set fire to the building for the purpose of defrauding Shannon, the owner, and the plaintiffs. A general demurrer was filed to the declaration. It was agreed, that if in the opinion of the Court the action is maintainable, the demurrer…
1Opinion of the CourtTenney, J.
— This action is trespass on the case for the recovery of money paid by the plaintiffs to one Shannon, on their policy of insurance against damage by fire on a store, in the town of Saco, and merchandize therein, alleged to have been damaged from a fire wilfully and maliciously kindled by the defendant for the purpose of injuring the said Shannon and the plaintiffs. The defendant filed a general demurrer to the declaration, and the parties agree to submit the question, whether the action can be maintained in the name of the company.
*255TIlc contract of insurance is one of indemnity between tlie…
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