Queen Insurance v. Dearborn Savings, Loan & Building Ass'n
Illinois Supreme Court
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
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Commercial Insurance v. RobinsonIllinois Supreme Court · 1872
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
- Southern Home Building & Loan Ass'n v. Home InsuranceSupreme Court of Georgia · 1894
- American Building & Loan Ass'n v. Farmers InsuranceWashington Supreme Court · 1895
3Cited by32 opinions
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Welch v. British American Etc. Co.California Supreme Court · 1905
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Kendall v. Travelers' Protective Ass'nOregon Supreme Court · 1918
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