Hill v. International Indemnity Co.

Citations

• 116 Kan. 109
• 225 P. 1056
• 38 A.L.R. 362
• 1924 Kan. LEXIS 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fire Insurance — Mortgage Clause in Policy — Additional Insurance Forbidden —Violation of Conditions of Policy by Insured Prevents Recovery by Mortgagee. Under a fire insurance policy making the loss payable to a named mortgagee as his interest may appear, and in the absence of any provision in the policy or mortgage clause creating a different relation, the mortgagee is not a party to the contract, but he is merely an appointee to receive the proceeds of the policy to the extent of his interest in the event of a loss, and his rights to receive such proceeds depend upon the rights of the insured, and a violation of the conditions of the policy by the insured which prevents his recovery thereon will also prevent recovery by the mortgagee.</p>