Bryan, Trustee v. Home Ins. Co.

Opinion by

Baldeigb, J.,

On April 15, 1931, the defendant company issued a §1,000 fire insurance policy to Thomas Schock, §700 of which covered a barn. The policy contained a standard mortgagee clause, in favor of O. Harrison Lund, who held a mortgage on the Schock farm to secure a debt of §1,000. The barn was totally destroyed by fire on May 24, 1931. Schock, the owner, was convicted of arson for causing this fire, thus relieving the insurance company from liability to him on the policy. The mortgagee filed a proof of loss on June 30, 1931, and demanded §700 from the defendant, which it…