Bank of Cashton v. La Crosse County Scandinavian Town Mutual Insurance

The dispute arises over the interpretation of part of the mortgage clause reading: “That no default of the mortgagor shall affect the mortgagee’s right to recover in case of loss hereunder except upon ten days’ written notice to the mortgagee of such default.” The appellant contends that “default” as there used refers to the non-payment of premiums and does not enlarge the coverage. It appears to be conceded that had the clause been drawn using the words “any act or neglect of the mortgagor” instead of the words “that no default of the mortgagor” shall affect the mortgagee’s right, the…