Continental Ins. Co. of New York v. Rotholz

Action on a policy of fire insurance by the mortgagee of the owner. The case was tried on an agreed statement of facts which showed the policy was issued to R. W. Smith and insured buildings owned by him. The owner was indebted ,to the plaintiff appellee, and that indebtedness was secured by a mortgage. After the execution of the mortgage, defendant insurance company issued a policy to Smith which contained the following provision :

“This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void, if * * * with the knowledge of the insured, foreclosure…