Montalbano v. Lumbermen's Insurance Co. of Philadelphia

This is a motion to strike out the second, third and fourth separate defenses of the defendant’s answer, the fourth defense being also pleaded by way of counterclaim.

*715The action is brought by the plaintiff, who was second mortgagee of real property insured by the defendant under a policy of foe insurance, to recover his proportionate share of the loss caused by a fire.

Under the policy of insurance held by the owner of the premises, the loss or damage was payable to the plaintiff as second mortgagee “ as interest may appear.”

The second defense sets forth that the plaintiff as second mortgagee…