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Texas Wesleyan Journal of Real Property Law

Authors

Willy E. Rice

Document Type

Article

Abstract

This essay has two purposes. First, it is designed to highlight some of the issues and principles that have influenced historically whether state and federal courts will order property insurers to indemnify insureds after a fire destroys the latter's commercial and/or residential property. The second purpose is to find a plausible answer to the implied, duty-to-pay question that appears in Ryan v. New York Central R.R. Company: whether liability insurers must pay proceeds to cover third-party, fire-loss claims, if a fire (1) ignites on an insured's property, (2) spreads, (3) evolves into a "wildfire," and (4) eviscerates third-party claimants' structures and personalty.

DOI

10.37419/TWJRPL.V1.I1.2

First Page

31

Last Page

68

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