Home Insurance Co. of New York v. Bethel

Citations

• 142 Ill. 537
• 32 N.E. 510
• 1892 Ill. LEXIS 1079

Syllabus

<p>1. Insurance — of the change of title to the property — contract of sale. A party holding a policy of insurance, which provided that if any change should take place in the title or possession, except by succession or death, the same should become void, contracted to sell the property to a third person, without leave of the company, for the price of $275, of which $175 was paid and a note given for $100, due in forty days after date. The possession was not changed, and the note and bond for a deed were placed in the hands of another person, with instructions to deliver the bond to .the purchaser on payment of the note, but if he failed to pay, the bond was to be returned to the vendor. The note was never paid, and the premises were destroyed before the maturity of the note: Held, that the facts stated did not constitute a change of the title to the property, and therefore would not defeat a recovery on the policy.</p> <p>2. Although the assured may have contracted for the sale of the premises insured without the written consent of the insurer before a loss, this will not necessarily render the policy void. Unless the title of the assured had passed to the purchaser at the time of the fire, there will be no change of title. A mere executory contract, by force of which it might pass at some future time, will not of itself constitute a change of title.</p> <p>3. Same — breach of condition — a question of law and fact. Where a. policy of insurance against loss by fire contains a condition that in case any change shall take place in the title or possession, except by succession or by reason of the death of the owner of the property, without the written consent of the company indorsed thereon, it shall be null and void, a contention of a breach of condition presents a mixed question Of law and of fact.</p> <p>4. Same — waiver of requirements of policy. A policy of insurance required notice of a loss to be given, under oath, within sixty days after the loss. Within sixty