ROCK COUNTY S. & T. CO. v. LONDON ASSUR. CO.


17 Wis.2d 618 (1962)

ROCK COUNTY SAVINGS & TRUST COMPANY, Special Administrator, Plaintiff and Respondent, v. LONDON ASSURANCE COMPANY, Defendant: TYLER, Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

October 30, 1962.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert D. Junig of Beloit.

For the respondent there was a brief and oral argument by Howard H. Moss of Janesville.


HALLOWS, J.

The proceeds of the policy having been paid into court by the insurer, the question for decision is to whom do these proceeds belong as between Mattie Tyler and the estate of Mary Curry? A fire insurance contract is a personal indemnity agreement for the insureds, the proceeds of which will indemnify them for the loss they might suffer from the risks covered by the policy. The rights of the insureds as against the insurer are determined as of the date...

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