Equitable Fire Insurance v. Jefferson Standard Life Insurance
Court of Appeals of Georgia
Action on insurance policy — city court of Sylvester. December 10, 1919. The Equitable Eire Insurance Company issued to Mrs. M. E. Thornton a policy for $4,000, covering a certain building belonging to her, and attached to the policy a “ New York standard mortgagee clause ” making the loss, if any, payable to the Jefferson Standard Life Insurance Company. The property insured was totally destroyed by fire.
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Action on insurance policy — city court of Sylvester. December 10, 1919. The Equitable Eire Insurance Company issued to Mrs. M. E. Thornton a policy for $4,000, covering a certain building belonging to her, and attached to the policy a “ New York standard mortgagee clause ” making the loss, if any, payable to the Jefferson Standard Life Insurance Company. The property insured was totally destroyed by fire. The Jefferson Standard Life Insurance Company, the mortgagee, alleging that it was “ suing in behalf of itself and of Mrs. Mary E. Thornton,” brought suit on the policy. It was alleged that…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) We think the court erred in overruling the-demurrer to the petition. The sole question is: Was the suit brought in the name of the proper party? 'In other words, where property is insured and a mortgage given by the insured and owner covering the same property, and to the policy is attached a “ New York standard mortgagee clause,” with loss, if any, payable to the mortgagee “ as to the interest of the mortgagee only therein,” can the mortgagee, under the laws of Georgia, by virtue of said clause maintain an action at law in its own name for a total loss…
2Cases cited19 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Clay Fire & Marine Insurance v. Huron Salt & Lumber Manufacturing Co.Michigan Supreme Court · 1875
- Terrell v. StevensonSupreme Court of Georgia · 1895
- Hartford Fire Ins. v. DavenportMichigan Supreme Court · 1877
- Van Buren v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1874
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Assurance Co. of America v. BellCourt of Appeals of Georgia · 1963
- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- Moffett v. McCurryCourt of Appeals of Georgia · 1951
- Atlanta Cadillac Co. v. ManleyCourt of Appeals of Georgia · 1923
- Tyler v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1934
10 more not listed; retrieve them via the Exa API.