Fidelity-Phenix Fire Ins. v. Haywood

SIMONS, Circuit Judge.

From a judgment on a fire insurance policy jointly recovered by the appellees, the appellant insurer appeals. The appellee Haywood is the insured named in the policy, and by the standard mortgage clause attached thereto the loss was payable to “W. L. Dawson, mortgagee or trustee, as his interest may appear.”

The suit was defended on the ground that the assured was not the sole and unconditional owner in fee simple of the insured property, as he was required to be under the i erms of the policy; that Dawson was neither a mortgagee nor trustee, but simply an agent of the…