East v. New Orleans Insurance

Citations

• 76 Miss. 697

Syllabus

<p>1. Insurance. Fire policy. Recovery by moHgagee. Policy forfeited by mortgagor.</p> <p>Where the “loss payable clause ” of a policy of fire insurance insures a mortgagee without reference to conditions imposed upon the owner of the property, the former may recover, as his interest appears, though the contract as to the latter has'been avoided by his conveyance of the property.</p> <p>2. Same. Case.</p> <p>Where a policy of fire insurance, to which is attached a clause making the loss, if any, payable to the mortgagee, as his interest may appear, provides, in the body thereof, that “if . . . an interest . . . shall exist in favor of a mortgagee, . . . the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon or attached, or appended thereto,” and there is neither in the “loss payable clause,” nor in any writing upon, attached to, or appended to the policy, any provision or condition carrying the conditions of the policy into such clause, or rendering them in any manner applicable, the mortgagee is, in case of loss, entitled to recover to the extent of his interest without regard to acts or omissions of the owner, which might, as between such owner and the insurance company, defeat a recovery.</p>