Glens Falls Insurance v. Porter

Citations

• 44 Fla. 568

Syllabus

<p>INSURANCE LAW—MORTGAGEE’S RIGHTS UNDER MORTGAGE CLAUSE IN POLICY—ENTRY OF DEFAULT NOTWITHSTANDING IMMATERIAL PLEAS—WHEN CLERKS. CAN ENTER FINAL JUDGMENT.</p> <p>1. Where a policy of fire insurance contains what is popularly known as the standard or union mortgage clause by which, the insurer agrees to pay the amount of the policy- -to a mortgagee of the insured as such mortgagee’s interest may appear, and that as to the interest of the mortgagee only the'insurance effected by the policy in his favor-should not be invalidated by any act or neglect of the1 mortgagor or owner of the property insured, such mortgage clause does not create in favor of the mortgagee a contract wholly independent, separate and distinct from that created by such policy in favor of the mortgagor or owner, but such mortgage clause does give to the mortgaged such a separate and independent contractural status towards the insurer as that he can recover the amount provided for by the policy under circumstances and conditions that would defeat a recovery by the mort-. gagor or owner. The “acts or neglects of the mortgagor or owner,” from the forfeiting consequences of which the* mortgagee’s rights and interests are exempted, contemplates any act of commission or omission on the part of the mortgagor or owner that might forfeit the policy so> far as such mortgagor or owner is concerned, that occurs subsequently to the execution of such mortgage clause. Unless the mortgage clause expressly makes it obliga- ’ tory on the mortgagee to furnish proofs of loss he is not required to furnish such proofs as a condition precedent to his right of action on the policy. The failure of the mortgagor or owner to furnish proofs of loss, either wholly ’ or within the time stipulated in the policy, constitutes one of the neglects from the invalidating consequences-of which the mortgagee is exempted by the mortgage clause.</p> <p>2. Where a defendant, files pleas that set up matters that are wholly irrelevant and