Mott v. Citizens' Insurance

1. Insurance—Conditions oe Policy—Title oe Assured. Under a policy on a building, conditioned to be void if the assured is not the owner in fee simple of the land on which the building is situated, there can be no recovery if the assured has only an equitable title to the land. 2. Same—Equitable Title. Even if the assured could recover on proof of an equitable title, such title is not established by proof of his possession for 10 years, and his testimony that he agreed with H., an agent of the owner, that he should have a deed for a certain sum, and that H. said that L., another agent of the owner, would transact the business, and give him title, and that he would notify him when to meet L., it not being claimed that H. made any contract, or authorized the assured to take possession, or that the assured ever met L., or paid or tendered the consideration. 8. Same—Severable -Contract. A policy on a building and on personal property, specifying a certain amount on each, provided that it should be void “if the interest of the insured be other than unconditional and sole ownership, or if the subject of insurance be a building on ground not owned by the insured in fee simple.” The assured owned the personal property, but not the land. HeW, that the contract was severable, and the assured could recover the loss on the personal property.

Appeal from circuit court, Clinton county. Action by Henry Mott against the Citizens’ Insurance Company of New York on an insurance policy. There was a judgment for plaintiff for part of his demand, and both parties appeal.