Fidelity-Phenix Fire Ins. Co. v. Blackwell

This is a suit, filed May 3, 1932, upon a fire insurance policy covering two different classes of property, household goods and other personal property. The policy contained the usual clause that, “if the property or any part thereof shall hereafter become mortgaged or encumbered, * * then in each and every one of the above cases this policy shall be null and void.” The policy was issued January 2, 1931, for a term of five years and the first year’s premium in the sum of $21.45 was paid in cash and a note given for the remaining four years’ premium in the sum of $85.90. March 12, 1931, the…