Peck v. Girard Fire & Marine Insurance
Utah Supreme Court
Appeal from the Second district court, Weber county. H. H. Rolapp, Judge. Action by Edwin A. Peck against the Girard Fire & .Marine Insurance Company. Judgment for plaintiff. Defendant appeals. The “ loss ” payable clause is a mere direction to pay and does not constitute an assignment to plaintiff of any loss that may occur under said policy. Hodgson v. German Ins. Co., 56 N. W. 920; Williamson v. Mich. Fire £ M. Ins. Co., 57 N. W. 46; Hatch v. Ins. Co., 11 Fed.
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Appeal from the Second district court, Weber county. H. H. Rolapp, Judge. Action by Edwin A. Peck against the Girard Fire & .Marine Insurance Company. Judgment for plaintiff. Defendant appeals. The “ loss ” payable clause is a mere direction to pay and does not constitute an assignment to plaintiff of any loss that may occur under said policy. Hodgson v. German Ins. Co., 56 N. W. 920; Williamson v. Mich. Fire £ M. Ins. Co., 57 N. W. 46; Hatch v. Ins. Co., 11 Fed. Rep. 29; Ins. Co. v. Davenport, 37J\!ich. 609. If the conveyance be regarded as a mortgage It was a change in interest, E>st Tex.…
1Opinion of the Court
Zane, C. J.:
This is an action on a policy executed by the defendant to Erastus Christofferson, insuring his house against fire, in the sum of $1,000. The policy contained two provisions on which the defendant bases its defense. The language of the first is, “ Loss, if any, payable to Edwin A. Peck, mortgagee, as his 'interest may appearand the language of the second is, “ This policy * i:‘ * shall be void * * * if any change, other than by the death of an insured, takes place in the interest, title, or possession of the subject of the insurance, * * * whether by legal process or judgment, or…
2Cases cited6 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
- Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888
- Thompson v. CheesmanUtah Supreme Court · 1897
- Maxcy v. New Hampshire Fire Ins.Supreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wolf v. Theresa Village Mutual Fire InsuranceWisconsin Supreme Court · 1902
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- Azzalia v. St. ClaireUtah Supreme Court · 1901
- Fields v. CobbeyUtah Supreme Court · 1900
- Virginia-Carolina Chemical Co. v. Sundry Ins. Cos.U.S. Circuit Court for the District of South Carolina · 1901
3 more not listed; retrieve them via the Exa API.