Southern States Fire & Casualty Insurance v. Napier
Court of Appeals of Georgia
Certiorari; from Bibb superior court—Judge Mathews. August 22, 1917.
1Opinion of the CourtJenkins, J.
1. Where a policy oí fire insurance, issued in favor of the owner of property, contains what is known as the “ordinary” or “open” mortgage clause, merely pi'oviding that loss, if any, shall be paid to a named mortgagee as his interest may appear, this stipulation is merely collateral to the principal undertaking in favor of the mortgagor, and the mortgagee becomes simply an -appointee of the fund, with no greater rights than those of the assured under whom he must claim, and any breach of the terms of the contract of insurance which would cause a lapse as against the one assured will operate…
2Cases cited6 opinions
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Hartford Fire Insurance v. Liddell Co.Supreme Court of Georgia · 1908
- Boston Co-operative Bank v. American Central InsuranceMassachusetts Supreme Judicial Court · 1909
- Gilman v. Commonwealth InsuranceSupreme Judicial Court of Maine · 1914
- Continental Insurance v. AndersonSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- South Carolina Insurance v. WhiteCourt of Appeals of South Carolina · 1990
- Insurance Co. of North America v. Gulf Oil Corp.Court of Appeals of Georgia · 1962
- Pacific Insurance v. R. L. Kimsey Cotton Co.Court of Appeals of Georgia · 1966
- Canal Insurance v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1987
- Decatur Federal Savings & Loan Ass'n v. York InsuranceCourt of Appeals of Georgia · 1978
22 more not listed; retrieve them via the Exa API.