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MARGOLIS v. SAINT PAUL FIRE AND MARINE INSURANCE COMPANY

No. 4473.

100 N.H. 303 (1956)

SAMUEL A. MARGOLIS, Tr. v. SAINT PAUL FIRE AND MARINE INSURANCE CO. & a.

Supreme Court of New Hampshire.

Decided October 2, 1956.

Attorney(s) appearing for the Case

Broderick, Manning & Sullivan (Mr. Broderick orally), for the plaintiff.

Sheehan, Phinney & Bass (Mr. Phinney orally), for the defendants.

GOODNOW, J.

A policy of fire insurance issued in conformance with the standard requirements in this state, as were the policies in question, provides that if it is assigned with the assent of the insurer, the assignee "may bring an action thereon" and "may recover the full amount due upon the policy." RSA 407:23, made a part of the contract of insurance. If the insurer's assent is not secured, it is a condition of the policy that it shall be "void and inoperative...

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