East Augusta Mutual Fire Insurance v. Hite

250 S.E.2d 348, 219 Va. 677, 1979 Va. LEXIS 160
CourtSupreme Court of Virginia
DecidedJanuary 12, 1979
DocketRecord No. 770895
StatusPublished
Cited by2 cases

This text of 250 S.E.2d 348 (East Augusta Mutual Fire Insurance v. Hite) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
East Augusta Mutual Fire Insurance v. Hite, 250 S.E.2d 348, 219 Va. 677, 1979 Va. LEXIS 160 (Va. 1979).

Opinion

I‘ANSON, C.J.,

delivered the opinion of the Court.

Richard Q. Hite, Jr., plaintiff, brought this action against the defendant, East Augusta Mutual Fire Insurance Company of Virginia, to recover under a homeowner’s insurance policy for the loss of personal property destroyed by fire in a dwelling formerly owned by plaintiff. The case was tried by the court below, sitting without a jury, and judgment was rendered against the defendant in favor of the plaintiff in the amount of $8,786.45.

Plaintiff was the owner of a residence in Roanoke County which was covered by the homeowner’s policy. The policy insured the residence for $24,000, with an automatic coverage of one-half that amount, $12,000, for unscheduled personal property under “Coverage C” of the policy. Other coverage included personal liability (bodily injury and property damages) and medical payments for accidental injuries sustained on the premises. The annual premium was the gross sum of $90.

[679]*679The real estate described in the policy was subject to a deed of trust held by Colonial American National Bank of Roanoke. The policy was held by the bank and the insurance premiums were paid to the defendant from an escrow account with the bank.

Plaintiff, an experienced real estate broker, authorized another broker, James L. Phillips, to sell the property. Thereafter, John B. Pendleton, Jr., agreed to purchase the property.

The contract of sale entered into on January 20, 1976 between the plaintiff and Pendleton provided, inter alia, that Pendleton would assume the deed of trust obligation to the bank, and that “all rents, interest, taxes, insurance, and FHA or similar escrow deposits if any, shall be pro-rated as of settlement date.” Plaintiff and Pendleton also entered into an agreement whereby plaintiff would be allowed to remain in possession of the residence for approximately two weeks after the closing date of the sale.

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Related

Layne v. Boggs
30 Va. Cir. 275 (Charlottesville County Circuit Court, 1993)

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Bluebook (online)
250 S.E.2d 348, 219 Va. 677, 1979 Va. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-augusta-mutual-fire-insurance-v-hite-va-1979.