Pioneer Savings & Loan Co. v. St. Paul Fire & Marine Insurance
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Bussell, J., denying a new trial after a decision for plaintiff. This policy was not an insurance by the mortgagee of its interest in the property, but the mortgagor was the party insured, and by reason of the mortgagee clause the mortgagee was merely a payee to receive the money as its interest might appear. Brunswick v. Commercial, 68 Me. 313, 8 Ins.
Read the full summary
Appeal by defendant from an order of the district court for Hennepin county, Bussell, J., denying a new trial after a decision for plaintiff. This policy was not an insurance by the mortgagee of its interest in the property, but the mortgagor was the party insured, and by reason of the mortgagee clause the mortgagee was merely a payee to receive the money as its interest might appear. Brunswick v. Commercial, 68 Me. 313, 8 Ins. Law Jour. 120; Ostrander, Ins. § 287. The mortgagee’s interest had disappeared and was not in existence as such at the time‘of the fire, haying expired when the time…
1Opinion of the CourtCanty, J.
1. Action on a fire insurance policy. Decision for plaintiff. From an order denying a new trial, defendant appeals.
Plaintiff held a mortgage on a certain tract of land to secure the payment to it of $400, due it from the mortgagor. A policy of insurance was issued by the defendant insurance company, insuring the mortgagor against loss by fire of the building on the mortgaged premises, loss, if any, payable to plaintiff. The policy provides that if the property, or any part thereof, be sold or transferred, or if any change takes place in the title, use, occupation, or possession, whether by…
2Cases cited1 opinion
- Washburn Mill Co. v. Fire Ass'nSupreme Court of Minnesota · 1895
3Cited by19 opinions
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
- Sprouse v. North River InsuranceCourt of Appeals of North Carolina · 1986
- Continental Ins. Co. of New York v. RotholzSupreme Court of Alabama · 1931
- Shores v. RabonSupreme Court of North Carolina · 1960
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
14 more not listed; retrieve them via the Exa API.