Porobenski v. American Alliance Insurance

Opinion by

Mb. Justice Drew,

TMs is an action in assumpsit on a policy of fire insurance issued by defendant to plaintiff upon a barn and its contents. The policy contained the usual provision that “This entire policy shall be void ... if the interest of the insured be other than unconditional and sole ownership.” At the trial, plaintiff admitted that the property was held by himself and his wife as tenants by entireties, under a deed made to them jointly after their marriage. There was no proof that plaintiff had the entire beneficial ownership or that defendant or its agent had any notice as…