Home Mutual Fire Insurance v. Hauslein

Citations

• 60 Ill. 521

Syllabus

<p>1. Insurance — policy—condition—notation of. A policy of insurance contained a condition that; in case of any sale, transfer or change of title, the insurance should be void and cease, unless assented to by the company; afterward the assured assigned the policy, with the assent of the company, to a mortgagee, and afterwards the assured sold the property to three persons, one of whom re-conveyed to him, and the other two executed mortgages to secure the purchase money: Held, that the assignee took the policy subject to the conditions it contained, and his equities confer no right. If the assignor has lost all right of recovery, by violating the conditions of the polic;', the assignee occupies the same position.</p> <p>2. It was a change of title in the property. The assured had agreed that he would not change the title to the property, and if he did, the insurance should cease, and when the condition was violated, the policy became void. Nor did the memorandum that the loss, if any, should be paid to the assignee as his interest might appear, change the rights of the'as-’signee. .</p> <p>3. Pakties — interest—legal rights. Tlie assured, who held the legal title, could not sue, because he had broken the condition of the policy. The assignee could not sue because he was not originally a party to the contract. The assignment could only pass an equitable interest, and he could not sue in his own name for a breach.</p>