Corporation of the Royal Exchange Assurance v. Franklin

I cannot concur in the conclusion reached by a majority of the court in this ease. A policy of fire insurance which covered an automobile belonging to the insured contained these stipulations: “It is a condition of this policy that it shall be null and void if the interest of the assured in the property be other than unconditional or sole ownership, or if the subject of this insurance be or become encumbered by any lien or mortgage except as otherwise endorsed hereon. . . It is a condition of this policy that failure on the part of the assured to render such sworn statement of loss to this…