Carnes v. Farmers' Fire Insurance

Citations

• 20 Pa. Super. 634
• 1902 Pa. Super. LEXIS 293

Syllabus

<p>Insurance — Fire insurance — Sole and unconditional ownership — Mistake of agent.</p> <p>Where the title to property insured is in a man and his wife, and the agent of the insurance company, with full knowledge of the fact, in writing the policy, omits by mistake the name of oneoE the parties, and it appears that the insured made no misrepresentations as to the title, the policy is not avoided by reason of the fact that the person named was not the sole and unconditional owner of the premises.</p> <p>Insurance — Fire insurance — Beneficiary—Proof of loss.</p> <p>Where mortgagees take out a policy of fire insurance to protect their interests, but the policy names the owner as the insured and makes the mortgagees the payees of the policy “ as their interest may appear,” and it also appears that the policy provided that an interest in it should exist in favor of a mortgagee as affected by conditions attached or appended to the policy, and it also appears that the mortgagees did not act as agents for the owner, who had nothing to do with the taking out of the policy, and by her conduct repudiated it, the mortgagees are entitled to the proceeds of the policy in case of loss. In such case the mortgagees are not in default for failure to present proofs of loss where it appears that the adjuster of the company knew of the loss, inspected the premises and told the mortgagees that the owner was the proper person to make out proofs of loss.</p>