Fenter v. General Accident Fire & Life Assurance Corp.

This is an action on a policy of fire insurance. The trial court sustained a demurrer to the complaint and, when plaintiff failed to plead further, entered judgment for defendant. Plaintiff appeals. The only issue is whether the complaint adequately alleged that plaintiff had an insurable interest in the insured property on the date of the fire.

The following facts were alleged in the complaint and admitted by the demurrer. Prior to August 7,1967, plaintiff was the owner of certain real property in Curry County. On August 7, 1967, the tax collector of Curry County foreclosed on the property…