Queen Insurance v. Dearborn Savings, Loan & Building Ass'n
Appellate Court of Illinois
Assumpsit, on an insurance policy. Appeal from the Circuit Court of Cook County; the Hon. Edward F; Dunne, Judge, presiding. Statement of the Case. This case presents the question of the construction of a policy of' insurance, attached to which is a clause making the loss under the policy payable to a mortgagee.
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Assumpsit, on an insurance policy. Appeal from the Circuit Court of Cook County; the Hon. Edward F; Dunne, Judge, presiding. Statement of the Case. This case presents the question of the construction of a policy of' insurance, attached to which is a clause making the loss under the policy payable to a mortgagee. On October 6, 1892, appellant issued its policy, insuring ■ Ellie L. Graham on certain property for a period of three years, and to an amount not to exceed $1,400. Attached to the policy was a slip containing the following provisions; “ Loss, if any, payable to Dearborn Savings, Loan…
1Opinion of the CourtJustice Sears
The following "questions are presented upon this appeal:
1st. Did the provision of the policy, limiting the time within which suit might be brought, operate to bar this Ait of appellee, who was the mortgagee, to whom the loss specified in the policy is made payable ?
2d. Did the failure of appellee and Ellie L. Graham to make proofs of loss, required by certain terms of the policy, preclude appellee from maintaining its suit ?
3d. Was the proof of appellee’s interest sufficient ?
4th. Was the allowing of interest improper in the assessment of damages ?
The policy provides, beginning with line…
2Cases cited9 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Traders' Insurance v. RaceIllinois Supreme Court · 1892
- American Building & Loan Ass'n v. Farmers InsuranceWashington Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- H. F. Shepherdson Co. v. Central Fire Insurance Co.Supreme Court of Minnesota · 1945
- Stonegate Insurance Co. v. HongsermeierAppellate Court of Illinois · 2017