Queen Insurance Co. of America v. Cummins

Opinion of the Court by

Drury, Commissioner

Reversing.

A demurer was sustained to the answer of the appellant in the trial court, and judgment rendered against it for $5,000.00.

On October 11,1921, appellant issued a policy of fire insurance to Ira Cummins by which it insured his house for $3,500.00 and the contents thereof for $1,500.00, for twelve months, and a short time before the expiration thereof, the property was destroyed by fire. At the time the policy was issued, this property was under mortgage to J. B. Eversole for more than $2,000.00, this mortgage having been given by J. K. P.…