Commerce Union Bank v. Midland National Insurance

The present action was instituted by Commerce Union Bank, as plaintiff, as against Midland National Insurance Company, and Robert Lewis Angel, as insurers of a certain Mack Tractor unit, for damage occasioned by fire. The Bank was the assignee of a conditional sales contract by the conditional buyer. Defenses asserted in this cause were (first) that arson by the named insured constituted a bar to recovery by the Bank, either by the terms of the policies or the loss payable clause; and (secondly) that neither the Bank nor the named insured complied with the policy conditions requiring that…