Miners Savings Bank v. Merchants Fire Insurance

Opinion by

Rhodes, J.,

On June 2, 1931, defendant issued its policy of insurance to Lorenzo Falzone and Gius'eppina Falzone, his wife, insuring them against loss and damage by fire to the extent of $4,000 to their dwelling in Pittston, Pa. The dwelling was partially destroyed by fire on February 11, 1932.

To the policy was attached a standard mortgagee clause which provided that loss or damage, if any, under the policy, was payable to plaintiff. The mortgagee clause is printed in the margin. 1

At the time of the fire plaintiff had a mortgage on the land upon which the dwelling was located. The…