CURRIER v. NORTH BRITISH INSURANCE CO.

No. 4251.

98 N.H. 366 (1953)

PHILLIP A. CURRIER & a. v. NORTH BRITISH &c. CO. SAME v. ATLAS ASSURANCE COMPANY, LTD.

Supreme Court of New Hampshire.

Decided November 30, 1953.


Attorney(s) appearing for the Case

Herbert W. Rainie (by brief and orally), for the plaintiffs.

Wyman, Starr, Booth, Wadleigh & Langdell and Philip G. Peters (Mr. Peters orally), for the defendants.


KENISON, C. J.

The rights of persons having limited, fractional or joint interests in property, who are not named in the fire insurance policy, to recover their proportionate interests in the event of loss are uncertain, unsettled and unsatisfactory. Dudley v. Company, 82 N.H. 167; 48 Col. L. Rev. 1162, 1173, 1186. A typical situation, as it existed in 1937, has been described by Goble, The Moral Hazard Clauses of the Standard Fire Insurance Policy....

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