Coal Co. v. Insurance Co.

Citations

• 13 Pa. Super. 626
• 1900 Pa. Super. LEXIS 213

Syllabus

<p>Fire insurance — Provisions against liens — Mortgage.</p> <p>An insurance company may relieve itself from liability by inserting in its policy the following provision: “If property real or personal covered by the policy of a member be or become incumbered by mortgage, trust deed, judgment or otherwise, the entire policy shall be void unless otherwise provided by agreement indorsed on the policy or added thereto.”</p> <p>A policy containing above provision was held not to be binding on the company, it being admitted that there was a mortgage upon the premises at the date of the negotiating and issuing of the policy, although no representations were made by the insured nor inquiry by the insurer as to whether or not there were any liens or incumbrances upon the property.</p>