Royal Insurance Co., Limited v. Smith

FABISINSKI, Associate Justice:

This appeal is from a decree reforming and enforcing a fire insurance policy.

On September 25, 1940, the, property insured was conveyed by warranty deed to the appellee by other children and heirs of the deceased father of appellee. The deed was recorded on July 3, 1944. There is no issue made on appeal that the fact that the deed was not of record at the time of issuance affected the insurable interest of appellee, and the authorities are, so far as we have found, unanimous in holding that the failure to record the title papers of insured prior to the issuance of…