Lovell v. Rowan Mutual Fire Insurance

MORRIS, Chief Judge.

This case presents a question of first impression in this State; i.e. whether an innocent wife can recover under an insurance policy issued to her husband insuring property owned by them as tenants by the entirety when the loss by fire was occasioned by the intentional burning of the property by the husband. The answer must be governed by the application of the law relating to tenancies by the entirety as well as the provisions of the policy of insurance.

The properties and incidents of this peculiar estate of husband and wife were concisely set out in Davis v. Bass, 188…