Legal Opinion

Queen Insurance v. Dearborn Savings, Loan & Building Ass'n

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 32 opinions

Appeal from the Appellate Court for the First Dis-trict;—heard iu that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. A fire insurance policy was issued by the appellant to Ellie L. Graham, to which was attached a mortgagee slip making the loss payable to the appellee as its interest might appear.

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Appeal from the Appellate Court for the First Dis-trict;—heard iu that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. A fire insurance policy was issued by the appellant to Ellie L. Graham, to which was attached a mortgagee slip making the loss payable to the appellee as its interest might appear. This slip was printed and contained a number of conditions, and seems to have been what is known as the “New York standard mortgagee clause.” A loss occurred, and appellee brought suit in its own name. The defenses against a recovery were, that proof…

1Opinion of the CourtJustice Wilkin

That there existed between the. appellant insurance company and the appellee, the mortgagee of the insured property, a contract of insurance distinct from that which existed between the company and the owner is not and cannot be questioned. (Hartford Ins. Co. v. Olcott, 97 Ill. 439; Traders’ Ins. Co. v. Race, 142 id. 338.) The question is, what are the terms of tty.t contract? Manifestly, the loss clause alone would not be sufficient to constitute such a contract. It is not sufficiently complete to be given that effect. Do all the terms and conditions imposed on the owner in his contract…

2Cases cited5 opinions

  1. Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
  2. Commercial Insurance v. RobinsonIllinois Supreme Court · 1872
  3. Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
  4. Southern Home Building & Loan Ass'n v. Home InsuranceSupreme Court of Georgia · 1894
  5. American Building & Loan Ass'n v. Farmers InsuranceWashington Supreme Court · 1895

3Cited by32 opinions

  1. Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
  2. Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
  3. Welch v. British American Etc. Co.California Supreme Court · 1905
  4. Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
  5. Kendall v. Travelers' Protective Ass'nOregon Supreme Court · 1918

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