Hanover Insurance v. Federal National Mortgage Ass'n

Webb, Judge.

This is an appeal by an insurer from a grant of summary judgment against it, and in favor of the mortgagee-loss payees, awarding recovery to them under a policy of fire insurance covering an owner-occupied dwelling. The policy contained a mortgagee clause setting forth various rights of the mortgagee-loss payees, "Provided also, that the mortgagee (or trustee) shall notify this Company of any change of ownership or occupancy or increase of hazard, which shall come to the knowledge of said mortgagee (or trustee) and, unless permitted by this policy, it shall be noted thereon, and…