Western Nat. Ins. v. Le Clare

This appeal is from a judgment on a verdict for $4,998 obtained by appellee, Charles A. LeClare, Jr., a citizen of Nevada, against appellant, Western National Insurance Company, 1 a California corporation, in an action by appellee against appellant on an alleged oral contract of fire insurance covering a house owned by ap-pellee in Reno, Nevada — a contract alleged to have been made by appellant, acting by and through its agent, Clyde Raymond, and appellee, acting by and through his agents, Charles A. LeClare, Sr., and Lena Avan-zino LeClare, appellee’s parents, hereafter called Mr. and Mrs. LeClare.

Appellant contends that the evidence is insufficient to support the verdict because it does not show that appellee owned or had any insurable interest in the house, does not show that there was any consideration for the alleged contract, does not show the terms thereof with sufficient certainty and does not show that the risk was “allocated” to appellant. There is evidence to the following effect:

*338 During the period from October 13, 1940, to August 20, 1942, the house and the land on which it stood were owned by appellee’s grandmother, Mary Avanzino, hereafter called Mrs.…