Fire Ass'n v. Patton

Citations

• 15 N.M. 304
• 107 P. 679

Syllabus

<p>SYLLABUS.</p> <p>1. The Texas court had jurisdiction of the person of Patton, but not of the real estate in New Mexico. The lien which it attempted to reinstate, declare valid and in effect turn over, was a statutory lien enforceable only in New Mexico.</p> <p>2. Even though an insurance policy is assigned, it is still the assignor’s insurance, which he is entitled to have applied to the extinguishment of his indebtedness, and the payment to the assignee of the insurance operated to discharge the lien debt.</p> <p>3. Conditions for forfeiture in the printed forms of insurance now in general use should be strictly construed against the insurer, and in favor of the insured, when invoked by an insurance company to limit or avoid its liability. No intendment will be indulged in to invalidate a policy which the language used» does not require.</p> <p>4. Cases cited to show that a contract of fire insurance being a contract of indemnity and no more, the insurer after paying the loss is entitled to be subrogate'd to all “the means of indemnity which assured held against the party primarily liable,” held not applicable.</p>