Legal Opinion
Home Loan Finance Co. v. Fireman's Fund Ins. Co.
Supreme Court of Alabama
Decided June 28, 1930No. 8 Div. 215PublishedCited by 20 opinions
1Opinion of the Court
BOÜLDIN, J.
A policy of fire insurance naming the owner as the insured, with loss payable clause to a mortgagee, as his interest shall appear, without more, constitutes the mortgagee an appointee entitled to payment only in case a liability accrues to the insured. No separate and distinct contract insuring the interest of the mortgagee, free from the conditions touching continued ownership in the insured, exists.
A forfeiture by reason of complete change of ownership without the consent of the insurer, so that the policy is no longer in force in favor of the insured, defeats also the claim of…
2Cases cited7 opinions
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Southern States Fire & Casualty Insurance v. NapierCourt of Appeals of Georgia · 1918
- Roper v. National Fire InsuranceSupreme Court of North Carolina · 1912
- Hartford Fire Insurance v. Liddell Co.Supreme Court of Georgia · 1908
- Tarrant Land Co. v. Palmetto Fire Ins. Co.Supreme Court of Alabama · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- Trans-Continental Mutual Insurance Co. v. HarrisonSupreme Court of Alabama · 1955
- Citizens State Bank v. State Mutual Rodded Fire Ins.Michigan Supreme Court · 1936
- Hartford Fire Ins. Co. v. AaronSupreme Court of Alabama · 1933
15 more not listed; retrieve them via the Exa API.