Fireman's Fund Insurance v. Wofford

B. H. Wofford, the insured, and O. A. Carter, mortgagee named in the mortgage clause, brought suit on a policy of fire insurance issued by Fireman’s Fund Insurance Company, for the total destruction of a dwelling-house and barn in the country. The policy was issued on August 30, 1933. A loan on the property was made on October 19, 1933, and the fire occurred on February 13, 1934. When the loan was made Wofford notified the insurance company, and the company attached a regular New York standard mortgage clause to the policy, in which it was stated that “Loss or damage, if any, under this…