United States v. Farmers Mutual Insurance Ass'n of Kiron, Iowa

BECK, District Judge.

The defendant’s motion to dismiss in this case, is predicated on the theory that the insured’s giving of a chattel mortgage on the insured property, without the insurer’s consent, constituted a violation of the policy terms which specified: “If any change * * * take place in the interest, title, possession or use of the subject matter of insurance”, and that such a breach bars recovery under the insurance contract.

The facts are not in dispute and there is no genuine issue as to any material facts having bearing oh the question arising on the motion which has not been…