Girard Fire & Marine Ins. Co. v. Farmer

On Motion for Rehearing.

Among contentions urged in the motions is one by the appellee George S. Wright, trustee, that this court erred when it held that he and Mrs. Parmer together were not entitled to recover of appellant the full amount of the policy it issued to her. We think the contention should be sustained.

The error was caused by the failure of this court to give the effect it was entitled to to a stipulation in each of the Collins policies as follows:

“On payment to such mortgagee (or trustee) of any sum for loss or damage hereunder, if this Company shall claim that as to the mortgagor…