Phœnix Mutual Life Insurance v. Central States Fire Insurance

The opinion of the court was delivered by

Hutchison, J.:

This is an action to recover upon a fire insurance policy where the defense is that it is void because of procuring additional insurance without the consent of the insurance company. *70The trial court made findings of fact and conclusions of law. The decision was against the insurance company, and it appeals.

The plaintiff is a life insurance company and, as holder of the mortgage on the property insured, brings the action, after the complete destruction of the property by fire, under the usual form of mortgage-clause assignment of the…