Garner v. Milwaukee Mechanics' Insurance

Citations

• 73 Kan. 127
• 84 P. 717
• 1906 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire-insurance — Forfeiture Clause — Change in “Interest.” The word “interest” in the forfeiture clause of an insurance policy which provides that the policy shall become void “if any change . . . take place in the interest, title or possession of the subject of insurance” has application only where the insured owns and insures an interest less than title, and has no application where the insured owns the title.</p> <p>2. -Executory Contract to Convey the Property — Policy Not Affected. Where the insured owns the title of the subject of insurance, and makes an executory contract to convey the property, and the consideration has been fully paid but no transfer either of title or possession has been actually made, no change has taken place in interest, title, or possession, within the meaning of the forfeiture clause quoted.</p>