Security State Fire Ins. Co. v. Harris

This is a suit on two fire insurance policies. Appellees, Mildred Harris, her husband, Rufus Harris, and Lula Brice, owned jointly property in the town of Keo, Arkansas, on which two residences were located. On March 21, 1950, appellant issued to Mildred Harris a fire insurance policy on one of the dwellings and on the same date, a separate policy to Lula Brice on the other dwelling. Both houses were destroyed by fire on April 14, 1950, and separate suits were brought by the owners against appellant. The insurance company defended in each case on the sole ground that since title to the property was held jointly by the two appellees and another, there was a violation of the following provision in each policy: ""The Company shall not be liable . . . if the interest of the insured be or become other than the entire, unconditional and unencumbered Cole ownership of the property,"" and there could be no recovery on their policies. The causes were consolidated for trial and at the close of all the testimony the court instructed a verdict for each plaintiff.