Southern Insurance Co. v. First National Bank at Orlando ex rel. Quality Cadillacs-Continentals, Inc.

I must respectfully dissent.

The majority opinion is an extremely labored one. The majority would adhere to a rule that once a loss has been sustained, the right of the mortgagee is vested and is no longer subject to defeat by the act of the insured-mortgagor. The better viewpoint, and one to which I find myself impelled to adhere, is that since in a simple loss payable open mortgage clause the mortgagee is only an appointee to receive the insurance fund to the extent of his interest, his right of recovery is no greater than the right of the insured-mortgagor so that a breach of the conditions…