Illinois Fire Insurance v. Stanton

Citations

• 57 Ill. 354

Syllabus

<p>1. Insurance—mortgagor—mortgagee. The mortgagor, as well as the mortgagee, has an insurable interest in the real estate insured. And when the mortgagor effects an insurance of the property, “loss, if any payable” to the mortgagee, the former holds the legal title, and when a loss occurs, the mortgagor may maintain an action on the policy in his own name for the use of the mortgagee; but as was held in the case of the New England Fire and Marine Insurance Co. v. Wetmore, 32 Ill. 221, an assignee of a policy can not sue in his own name.</p> <p>2. Proof of loss. Where a party produces the policy in his name, and makes the proof of loss, he thereby makes a prima facie case entitling him to recover.</p> <p>3. Sale of the property—idthout consent of company. Where a plea averred that snob a policy contained a condition that on the alienation or sale of the property insured, the insurance should cease and he void, unless the policy should he duly assigned or confirmed by the consent of the directors, previous to the loss, and no policy should he regarded as assigned, unless the consent of the directors be certified thereon by the secretary of the company, aud it was averred that the mortgagor, to whom the policy was issued, sold the premises to another person without the consent of the directors, but the plea failed to aver that the sale was made before the loss occurred, and it failed to aver that the directors did not confirm the same: Held, the plea was bad on demurrer, as it is not essential to the validity of such assignment that consent shall he had before the sale, as it will be sufficient it'had before the loss occurs.</p> <p>4. Pleadings—declaration—plea. A bad plea can not be aided by reference to the declaration. A demurrer to a bad replication will be carried over it and sustained to a had plea, as a demurrer is generally carried back and sustained to the first defect in the pleadings.</p> <p>5. Notice—to agents—its effect. Where agents of an insurance compa