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BOOKER T. THEATRE CO. v. GT. AMER. INS. CO.

Calendar No. 74, Docket No. 50,021.

369 Mich. 583 (1963)

120 N.W.2d 776

BOOKER T. THEATRE COMPANY v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK.

Supreme Court of Michigan.

Decided April 5, 1963.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn (John Sklar, of counsel), for intervening plaintiffs.

Davies & Moesta (Rodman C. Moesta, of counsel), for defendant.

CARR, C.J.

This case involves the right of intervenors, as lien holders, to recover on a policy of fire insurance issued by defendant on January 11, 1957. Said policy in terms undertook to indemnify the plaintiff Booker T. Theatre Company against loss or damage by fire to its property to the extent of $235,000, with an additional coverage of $12,000 on contents. Intervenor plaintiff's Fishman and Sklar were included in the policy as loss payees under a

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