THE STANDARD FIRE INSURANCE, CO. v. ROBERT C. BERRETT, 395 Md. 439

Summary

The insured property was destroyed by fire after approval of a contract of sale of the same by a circuit court judge in guardianship proceedings for the insured's mother, but before settlement of the sale. The insured brought an action for breach of contract, for which the trial court granted the insurer summary judgment on the grounds that the insured was judicially and collaterally estopped from asserting any ownership interest in the property because he had alleged in his verified petitions for his mother's guardianship that his mother was the owner. The special appellate court reversed the trial court's entry for summary judgment, determining that the insured did possess an insurable interest in the property at the time of the fire and, therefore, was neither collaterally nor judicially estopped from asserting his ownership interest therein. The court agreed that the insured did possess an ownership interest, and therefore an insurable interest, in the property at the time of the ...