Gawecki v. General Ins. Co. of America

HEALY, Circuit Judge.

These are consolidated suits in which appellants sought to recover on policies of insurance against loss by fire. On a trial to the court recovery was denied in each case.. The policies were in the statutory form prescribed by the laws of California (Insurance Code, §§ 2070, 2071). They included the following provision, made mandatory by these statutes:

“Chattel mortgage. Unless otherwise provided by agreement in writing endorsed hereon or added hereto this Company shall not be liable for loss or damage to any property insured hereunder while encumbered by a chattel…