Mosby v. Aetna Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.—Hon G. A. Wurdeman, Judge. (1) Under mortgage clause providing that the policy shall not he invalidated as to the mortgagee by the acts of the mortgagor, and providing for subrogation of the insurer to the right of the mortgagee, on payment of the loss, the insurer, where the policy has been invalidated as to the mortgagor, is entitled to subrogation to the extent of the mortgage debt, on payment of the loss to the mortgagee.
Read the full summary
Appeal from St. Louis Circuit Court.—Hon G. A. Wurdeman, Judge. (1) Under mortgage clause providing that the policy shall not he invalidated as to the mortgagee by the acts of the mortgagor, and providing for subrogation of the insurer to the right of the mortgagee, on payment of the loss, the insurer, where the policy has been invalidated as to the mortgagor, is entitled to subrogation to the extent of the mortgage debt, on payment of the loss to the mortgagee. Hackett v. Ash, 72 So. (Ala.), 54; Traders Ins. Co. v. Race, 142 111. 343; Insurance Co. y. Martin, 151 Ind. 209; Allen v. Fire Ins.…
1Opinion of the CourtBlair, J.
This is an appeal from a judgment of the St. Louis County Circuit Court (1) reforming two policies of fire insurance, and (2) canceling a deed of trust, and notes secured thereby, which had been executed by respondents.
Respondents are husband and wife, and in 1910 took title to a lot in Webster Groves as tenants by the entire-ties. In May* 1913, they executed a deed of trust upon this lot to secure a note for $2,300, payable to Henry Wood. Respondents secured from each of these appellants a policy of fire insurance for $1,500, each of which policies by its terms insured Margaret Mosby, alone,…
2Cases cited1 opinion
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
3Cited by13 opinions
- Crewse v. Shelter Mutual Insurance Co.Missouri Court of Appeals · 1985
- The Home Ins. Co. of N.Y. v. SmithMissouri Court of Appeals · 1940
- British American Assur. Co. of Toronto v. Mid-Continent Life Ins. Co.Texas Commission of Appeals · 1931
- Kilpatrick v. Hartford Fire Insurance Co.Missouri Court of Appeals · 1985
- Auto-Owners Mutual Insurance Co. v. NewmanMissouri Court of Appeals · 1993
8 more not listed; retrieve them via the Exa API.