Vermont Mutual Fire Insurance v. Van Dyke

Bomauld Paradis, the owner of certain farm buildings in East Hereford, P. Q., took out a fire insurance policy thereon in the plaintiff company. By its terms, any loss thereunder was payable to the defendant, as mortgagee, as his interest might appear. This provision was embodied in an “open mortgage” clause, so-called. The policy contained the usual provisions against encumbrances, change of title, and 'concealment or misrepresentation before or after loss — breach of which was to render the policy void. While the policy was in force and without change material here, some of the buildings…