Gimbels Midwest, Inc. v. Northwestern National Insurance

At the time the policy was issued and at the time of the fire, the land upon which the building was located was owned by the plaintiff, Gimbels Midwest, Inc. The building was operated and maintained by Miller Enterprises, an unincorporated association consisting of the heirs of one Ely Miller. In January 1927, Ely Miller entered into a forty-nine year lease of the property with Schuster Realty Company, Gimbel’s predecessor in title and interest. The expiration date of the lease was December 31, 1975.

Under the terms of that lease, Miller, as lessee, was to construct a building worth no less…