Legal Opinion

Kennedy v. Ætna Ins.

Court of Appeals for the Third Circuit

Decided January 16, 1936No. Nos. 5859-5861Published

1Opinion

On Petitions for Rehearing.

DAVIS,' Circuit Judge.

These cases are here on petitions for rehearing.

In our former opinion we said:

“Each policy contained, inter alia, the following three clauses:
“ ‘Loss or damage, if any, under this Policy, shall be payable to John M. Kennedy, 3rd, as mortgagee, (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property. * * * ’
“ ‘It is understood that the buildings insured hereunder are now under…

2Cases cited4 opinions

  1. Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
  2. Williams v. VreelandSupreme Court of the United States · 1919
  3. Queen Ins. v. People's Union Sav. BankCourt of Appeals for the Third Circuit · 1931
  4. Kaeppel v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Third Circuit · 1935

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