McKay v. National Union Fire Insurance Co.

This action on a policy of fire insurance went to a jury and a verdict for plaintiff. Defendant appeals from an order denying its motion for judgment notivithstanding or a new trial.

The policy covers a building insured as a dwelling and was issued February 18, 1925, to one Mullner. Although the policy did not so state, he was insured as a mortgagee. Neither then nor thereafter did the, owner or mortgagor become a beneficiary of the insurance. September 17, 1927, Mullner, with the consent of defendant, the insurer, assigned the policy to one Meyers, another mortgagee. The building was burned…