Savarese v. Ohio Farmers Insurance Co. of Leroy

Lehman, J. (dissenting).

The defendant insurance company has issued a policy insuring the owner of a building against direct loss and damage by fire. The policy contains the usual mortgagee clause providing that “ Loss or damage, if any, under this policy, shall be payable to Pasquale Savarese and Giacomo Savarese as mortgagee, as interest may appear, and this insurance, as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, * *

We have repeatedly pointed out that by virtue of such a mortgagee…