Legal Opinion

Union Central Life Ins. Co. v. C.M. Ins. Assn.

Ohio Court of Appeals

Decided April 26, 1935No. 104PublishedCited by 7 opinions

1Opinion of the Court

OPINION

By HAMILTON, J.

The question for determination,. therefore, resolves itself, into whether or not the taking over of the property by the mortgagee is such a “change of ownership” as would work a forfeiture under the loss payable clause. There is. no forfeiture provision in the policy. The fact is, as suggested by 'the trial court, that the -policy is exceptionally free from conditions. The policy -does not provide that the insured must be the owner of' the property, does not provide for forfeiture for airy reason, and there is no provision against alienation. The policy is very sweeping…

2Cases cited9 opinions

  1. Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
  2. Esch Bros. v. Home InsuranceSupreme Court of Iowa · 1889
  3. Fort Scott Building & Loan Ass'n v. Palatine InsuranceSupreme Court of Kansas · 1906
  4. Southern States Fire & Casualty Insurance v. NapierCourt of Appeals of Georgia · 1918
  5. Continental Ins. Co. of New York v. RotholzSupreme Court of Alabama · 1931

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Union Central Life Ins. Co. of Cincinnati v. Codington County Farmers Fire & Lightning Mut. Ins. Co.South Dakota Supreme Court · 1939
  2. Pittsburgh National Bank v. Motorists Mutual InsuranceOhio Court of Appeals · 1993
  3. In Re HaasUnited States Bankruptcy Court, N.D. Ohio · 1987
  4. Savings Society Commercial Bank v. Michigan Mutual Liability Co.Ohio Court of Appeals · 1963
  5. State Ex Rel. Clinton Mutual Ins. v. BowenOhio Supreme Court · 1937

2 more not listed; retrieve them via the Exa API.

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