Salene v. Queen City Fire Insurance
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by Christine Salene against the Queen City Fire Insurance Company, of Sioux Falls, South Dakota, a corporation, to recover the amount alleged to be due under an insurance policy issued by the defendant company, in which the loss, if any, was made payable to plaintiff as mortgagee.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. This is an action by Christine Salene against the Queen City Fire Insurance Company, of Sioux Falls, South Dakota, a corporation, to recover the amount alleged to be due under an insurance policy issued by the defendant company, in which the loss, if any, was made payable to plaintiff as mortgagee. It was stipulated by the parties that this cause should be heard upon appeal on the findings made by the lower court as upon an agreed statement of facts, together with the fire insurance policy thereto attached as a part of…
1Opinion of the CourtJustice Burnett
It may well be conceded that the standard mortgage clause attached as a slip to the policy, if executed with authority or ratified afterwards by the company with full knowledge of the facts, would constitute an inde*300pendent contract between the insurer and the mortgagee upon which the latter may bring an action directly against the former. Brecht v. Law Union & Crown Insurance Co., 160 Fed. 399 (87 C. C. A. 351: 18 L. R. A. [N. S.] 197); Bacot v. Phoenix Fire Insurance Co. (Miss.) (50 South. 729: 25 L. R. A. [N. S.] 1226). In these cases, as well as in all those cited by the appellant in…
2Cases cited3 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
3Cited by11 opinions
- Central West Casualty Co. v. StewartCourt of Appeals of Kentucky (pre-1976) · 1933
- Parks v. Schoellkopf Co.Court of Appeals of Texas · 1921
- Home Insurance Co. v. Southern Motor Coach Corp.Supreme Court of Oklahoma · 1935
- Pasco County Peach Ass'n v. J. F. Solley & Co.Court of Appeals for the Fourth Circuit · 1945
- American Realty Co. v. AmeySupreme Judicial Court of Maine · 1922
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