Kimberley & Carpenter, Inc. v. National Liberty Insurance

Rodney, J.,

delivering the opinion of the Court:

Under the foregoing pleas of the defendants, three important questions arise. Under the second plea 'the defendants contend that by reason of the foreclosure proceedings and the purchase of the property by the mortgagee that a “change of ownership” of the property took place and that it was the duty of the mortgagee, the plaintiif herein, to notify the insurance companies of this “change of ownership” and that the failure to give this notice vit-i*67ated the insurance not only as to the prior owner Winslow, but also as to the plaintiff, the…