Magoun v. Fireman's Fund Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,000 and interest upon a ñre insurance policy. The case was tried before Ensign, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
This action was brought by the plaintiff, as mortgagee, to recover upon a Minnesota standard fire insurance policy insuring a dwelling house, issued by the defendant company, payable to the “estate of Elizabeth L. Hazen and legal representatives,” with loss, if any, payable to the plaintiff, as mortgagee, as her interest might appear. It contained this provision:
“If this policy shall be made payable to a mortgagee of the insured real estate, no act or default of any person other than such mortgagee or his agents or those claiming under him shall affect such mortgagee’s right to recover in…
2Cases cited6 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Weed v. Hamburg—Bremen Fire InsuranceNew York Court of Appeals · 1892
- Holbrook v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1878
- Kenaston v. LorigSupreme Court of Minnesota · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Commerce Bank v. West Bend Mutual Insurance CompanySupreme Court of Minnesota · 2015
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
22 more not listed; retrieve them via the Exa API.