Hunt v. Springfield Fire & Marine Insurance

Citations

• 196 U.S. 47
• 25 S. Ct. 179
• 49 L. Ed. 381
• 1904 U.S. LEXIS 680

Syllabus

<p>A policy of insurance provided that it should be void if the interest of the • insured was other than the unconditional and sole ownership or if the property were encumbered by a chattel mortgage. It was in fact subject to certain trust deeds which the insured claimed after loss were different instruments in law. Held, that:</p> <p>A deed of trust and a chattel mortgage with'power of sale are practically-one and the same instrument as understood in the District of Columbia.</p> <p>The rule that in case of attempted forfeiture if the policy be fairly susceptible of two constructions the one will be adopted which is more favorable to the insured was inapplicable to this case.</p> <p>The contract of an insurance company is a personal one with the assured and it is not bound to accept any o’ther person.to whom the latter may transfer the property.</p>