Legal Opinion

Johnson v. North British, Ins.

U.S. Circuit Court for the District of Massachusetts

Decided March 15, 1872No. Case No. 7,400PublishedCited by 2 opinions

1Opinion of the Court

SHEFLEY, Circuit Judge.

A mortgagee may insure liis interest in the property without regard to the mortgagor, and, in case of loss, he may recover the amount without any liability to account to the mortgagor. Different mortgagees of 'the same property have independent interests, which each may insure for his own benefit, to the full amount.

The policy in this case contains the following provision: “Nor shall the assured be entitled to recover of this company any greater proportion of the loss or damage than the amount hereby insured bears to the whole sum insured on said property, whether such…

2Cases cited2 opinions

  1. Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
  2. Fox v. Phenix Fire Ins.Supreme Judicial Court of Maine · 1864

3Cited by2 opinions

  1. Lubetsky v. Standard Fire InsuranceMichigan Supreme Court · 1922
  2. Dietzel v. Patrons' Mutual Fire InsuranceMichigan Supreme Court · 1925

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