Loomis v. Vernon Mut. Fire Ins. Co.
| Decision Date | 31 October 1961 |
| Citation | 111 N.W.2d 443,14 Wis.2d 470 |
| Parties | Frank LOOMIS et al., Respondents, v. VERNON MUTUAL FIRE INS. CO., a Wisconsin corporation, Appellant. |
| Court | Wisconsin Supreme Court |
Lowry, Hunter & Tikalsky, Waukesha, for appellant.
Love, Davis & McGraw, Waukesha, Hubert O. Wolfe, Milwaukee, of counsel, for respondents.
The defendant argues that the policy was issued to William Loomis and legal representatives and that at the time of the fire the insured property was owned by persons whose interest therein the policy did not purport to insure. Authority is cited that an insurance policy is a personal contract between the insurer and the named insured. That is undoubtedly true, but it does not settle the issues before us. It is not contended that the policy is so personal that it lapsed upon the death of William Loomis. It is admitted that the inclusion of legal representatives as insureds keeps the policy in force for some period after the death of William Loomis.
The defendant contends that the extended period ceased when the final decree was entered in the estate. It states this is so because during the period involved in probating the estate, any action brought upon the policy would have to be by the administrator. That is not the point in issue and does not determine the issue.
The defendant also argues that the final decree amounted to an assignment of title without its consent, contrary to provisions in the policy. That contention is not sound. The loss was of real property, which descended directly to the plaintiffs as of the date of death of William Loomis. Their title did not depend upon the final decree. It became theirs by operation of law.
The key to the solution of this case is the construction to be given to the words 'legal representatives.' The defendant contends that the words should be construed to mean the same as personal representatives, in this case the administrator. It relies upon the case of Macomber v. Minneapolis Fire & Marine Ins. Co., 1925, 187 Wis. 432, 204 N.W. 331. In that case a wife having title to property insured the same in her own name. Later she secured the transfer of the title to her husband and herself as joint tenants. Thereafter the wife died and the husband became sole owner of the property. Subsequent to the death of the wife the property was destroyed by fire and the husband brought suit to recover. In that case, 187 Wis. on page 437, 204 N.W. at page 333, this court said:
'The term 'legal representative,' as used in the policies, means any person who, by operation of law, stands in place of and represents the insured, and includes executors, administrators, trustees, receivers, guardians, and any who stand clearly in a representative capacity.'
In Spohn v. National Fire Ins. Co., 1926, 190 Wis. 446, 451, 209 N.W. 725, 727, this court said:
'Under these provisions of the standard policy, the policy becomes void if any change takes place in the interest, title, or possession of the subject of the insurance, unless such change is contained in a written agreement added to the policy; there being but one exception, viz. where the insured dies and a devolution of interest thereby ensues by operation of law.'
Both cases involved standard fire insurance policies, also...
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