Kingston v. Great Southwest Fire Insurance Co.

ELLETT, Chief Justice:

The only issue involved in this case is this: Did the appellant have an insurable interest in the warehouse that was destroyed by fire?

The appellant owned a warehouse and had insurance on it with the respondent company. Just prior to the fire, Salt Lake City Corporation filed a suit in condemnation seeking to condemn the property in question. Thereafter, and prior to the fire, the city was granted an order of immediate occupancy. Despite the order, the appellant maintained possession and was using the warehouse as a place of storage for his merchandise.

The condemnation…