Ebensburg Building & Loan Ass'n v. Westchester Fire Insurance

Citations

• 28 Pa. Super. 341
• 1905 Pa. Super. LEXIS 198

Syllabus

<p>Insurance — Fire insurance — Standard policy — Mortgage clause — Party to suit — Subrogation.</p> <p>An action may be brought on a standard policy of fire insurance containing the mortgage subrogation clause, .in the name of the mortgagee alone.</p> <p>The mortgage clause in the standard fire policy is notice to the company of the rights of the mortgagee; and if the company by mistake pays the amount of the policy to the mortgagor, it will still be liable to the mortgagee.</p> <p>In an action on a standard fire policy containing a mortgagee subrogation clause, an affidavit of defense is insufficient to prevent judgment which does not aver a tender of the money to the mortgagee plaintiff and a demand of an assignment of the plaintiff’s claim for the purpose of subrogation.</p>