Burns v. Alliance Co-operative Insurance

Citations

• 103 Kan. 803
• 176 P. 985
• 1918 Kan. LEXIS 388

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire Insurance — Annulment of Policy by Acts of Insured. The circumstances presented held to be such as to result in the annulment of a fire insurance policy so far as concerns any claim on the.part of the insured.</p> <p>2. Same — Mortgage Clause in Policy Interpreted. Where an insurance policy contains a provision that its conditions shall apply to a mortgagee in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be •written thereon or attached thereto, and the attached clause which makes the loss payable to a mortgagee contains the words “subject to all the terms and conditions of this policy,” all the conditions of the policy are 'thereby made applicable to the mortgagee, and if the rights of the owner have been forfeited by his breach of any such condition the mortgagee is likewise precluded from recovery.</p>