Christenson v. Fidelity Insurance
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. G. W. Burn ham, Judge. Action by the insured for indemnity stipulated in policy of insurance. The mortgagee intervened, and demanded payment of damages by virtue of an open mortgage clause contained in the policy. Judgment was entered for the defendant, and plaintiff and intervener appeal. —
1Opinion of the Court
Ladd, O. J. —
The property insured had been mortgaged to H. J. Stevens, since deceased, of whose estate the intervener is administrator. It was consumed by fire January *7810, 1899. Among its provisions is the stipulation that it, “unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if the property,, real or personal, covered by this policy, or any part thereof, be or become incumbered by a mortgage, trust deed, judgment or otherwise, or, with the knowledge of the insured, foreclosure proceedings be commenced.” September 27, 1898, forclosure proceedings were…
2Cases cited11 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Queen Insurance v. Dearborn Savings, Loan & Building Ass'nIllinois Supreme Court · 1898
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
- Mershon v. National InsuranceSupreme Court of Iowa · 1871
- Milliken v. WoodwardSupreme Court of New Jersey · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Welch v. British American Etc. Co.California Supreme Court · 1905
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Smith v. Germania Fire InsuranceOregon Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.