Dwelling House Insurance v. Shaner
Appellate Court of Illinois
Memorandum.—Suit on an insurance policy. In the Circuit Court of Cumberland County; the Hon. Silas Z. Landes, Judge, presiding. Declaration, pleas: (1) General issue.
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Memorandum.—Suit on an insurance policy. In the Circuit Court of Cumberland County; the Hon. Silas Z. Landes, Judge, presiding. Declaration, pleas: (1) General issue. (2) It is provided in the policy that if the property, or any part thereof, shall be sold, conveyed, incumbered by mortgage, or otherwise, or any change take place in the title, use, occupation or possession thereof, whatever, or if the interest of the assured in said property, or any part thereof, become any other than a perfect legal and equitable title and ownership, free from all liens whatever, except as stated in writing…
1Opinion of the CourtJustice Wall
This judgment is upon a policy of insurance against fire.
It must be reversed, because, 1st, the suit was prematurely brought, the sixty days within which the company might make payment not having elapsed; 2d, because the property was mortgaged after the issuance of the policy, and contrary to the express provision thereof.
It is urged that when the application was written the agent of the company was informed that the mortgage would be made, and that he said this would make no difference, and that it would not affect the insurance.
Perhaps the policy should not have contained the clause in…
2Cases cited1 opinion
- Thompson v. ThompsonOhio Court of Appeals · 1931
3Cited by3 opinions
- Dixon v. State Mutual Ins. Co.Supreme Court of Oklahoma · 1912
- Allesina v. London InsuranceOregon Supreme Court · 1904
- Phœnix Insurance v. Lorton & Co.Appellate Court of Illinois · 1903