Summary
In Hingham, an evenly divided Law Court upheld the trial court finding of an insurable interest despite the fact that the insured had lost title at the time of the loss due to a municipal tax lien. Applying the reasoning of Morin, the deed and title issues that existed with the Gray Property at the time of the fire do not preclude a finding that the Habibzais had an insurable interest.
Summary of this case from State Farm Fire & Cas. Co. v. HabibzaiOpinion
Docket Was-99-298.
Argued December 6, 1999.
Decided February 25, 2000.
Appealed from the Superior Court, Washington County, Kravchuk, C.J.
John A. Woodcock Jr. (orally), Weatherbee, Woodcock, Burlock Woodcock, P.A., Bangor, for plaintiff.
Terence M. Harrigan (orally), Vafiades, Brountas Kominsky, Bangor, for defendant.
Before WATHEN, C.J., and RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.
The Hingham Mutual Fire Insurance Company appeals a judgment entered in the Superior Court (Washington County, Kravchuk, C.J.) determining that Ruth McLellan held an insurable interest in real property at the time that a structure on the property was destroyed by fire. Hingham argues that McLellan had no legal or equitable interest in the property and, therefore, had no interest to insure. Because the Court is evenly divided on the issue presented, we affirm the judgment.
The entry is: Judgment affirmed.