Burner v. Mutual Protective Ass'n of West Virginia

Hatcher, President:

Recovery for a loss of property by fire is sought under a standard mortgage clause attached to a fire insurance policy. It was issued to' A. F. Reed. He subsequently executed a deed of trust on the property to secure a debt owing The First National Bank of Philippi. The mortgage clause was then attached to the policy providing that loss should be payable to the Bank, “as first mortgagee or trustee” as its interest should appear. The property was sold under the deed of trust; and the Bank became the purchaser and received a deed from the trustee. Seven months later, the…