Fenton v. Cascade Mutual Fire Ass'n

Citations

• 60 Wash. 389
• 111 P. 343
• 1910 Wash. LEXIS 1053

Syllabus

<p>Insurance — Nonpayment op Premium- — Notice to Mortgagee. A policy of fire insurance, issued and delivered without prepayment of the premium, is an executed contract, and the presumption is that credit was given and the time for paying the premium extended, and if payable to a mortgagee, it cannot be forfeited without notice to the mortgagee and demand.</p> <p>. Insurance — Change op Ownership — Incumbrance. Where a -policy of fire insurance was made payable to a specified mortgagee, “as interest may appear,” the giving of a second mortgage to the same mortgagee to secure a further loan is not a breach of the conditions ■against change of ownership, increase of hazard or subsequent incumbrance, the policy meaning “as interest may appear” at the time of the loss.</p>