National Discount Shoes, Inc. v. Royal Globe Insurance

Mr. PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

The plaintiff purchased property, obtained an assignment of an insurance policy covering the property from the vendor but failed to obtain the insurance company’s consent to the assignment. After the property was destroyed by fire, the insurer paid the vendor the amount of the mortgage but refused to pay the plaintiff the amount of its loss. On cross-complaint for summary judgment the trial court denied the plaintiff’s claim to recover for its own loss, holding that the insurer’s payment to the mortgage did not waive its defense…