Sun Insurance Office v. Heiderer
Supreme Court of Colorado
Appeal from Denver District Court. Hon. Peter L. Palmer, Judge. The appellant (defendant below), an insurance company, insured a frame building belonging to the appellee (plaintiff below), for the sum of $150. Shortly thereafter she sold the insured property to one Max Rosenthal, and, with the consent of the company, assigned the insurance policy to him. To se’cure the payment of a part of the purchase price, she took from him a mortgage on the property for the sum‘of $500..
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Appeal from Denver District Court. Hon. Peter L. Palmer, Judge. The appellant (defendant below), an insurance company, insured a frame building belonging to the appellee (plaintiff below), for the sum of $150. Shortly thereafter she sold the insured property to one Max Rosenthal, and, with the consent of the company, assigned the insurance policy to him. To se’cure the payment of a part of the purchase price, she took from him a mortgage on the property for the sum‘of $500.. At her request the company executed and attached to the policy a mortgage clause which provided that if any loss should…
1Opinion of the CourtJustice Goddard
It will be seen that the answer does not contain any defense to this action based upon the ground that Rosenthal had violated any of the conditions of the policy, or set out the facts upon which the appellant predicated its claim that no liability existed in
*297his favor. It admits, as averred in the complaint, that it did claim that as to Rosenthal no liability existed under the policy, and thereupon demanded that the appellee should assign to it an interest in her mortgage before it would pay to her the amount of the loss, and that appellee, in order to secure such payment, executed and…
2Cases cited3 opinions
- Traders' Insurance v. RaceIllinois Supreme Court · 1892
- Home Insurance v. MarshallSupreme Court of Kansas · 1892
- Bransford v. Norwich Union Fire Insurance SocietySupreme Court of Colorado · 1895
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- Dean v. EngelbrechtWashington Supreme Court · 1928