Illinois Mutual Fire Insurance v. Fix

Citations

• 53 Ill. 151

Syllabus

<p>1. Insurance—assignment of policy to a mortgagee—violation of terms of policy by the assignor. Where the owner of property, upon which he has obtained an insurance, executes a mortgage thereon, and assigns the policy to the mortgagee, as collateral to the mortgage, though with the consent of the insurer endorsed upon the policy, the assignee takes it subject to the conditions expressed upon its face, or necessarily inhering in it, and no recovery can be had merely in consequence of the equities of the assignee, if the assignor has lost the right to recover by violating the terms of the contract.</p> <p>2. So, in an action by the assured, for the use of his assignee, the mortgagee, against the company, to recover for the loss of the building insured, by fire, it is competent for the defendants to prove that the plaintiff, the assignor, set the building on fire.</p> <p>3. Same—effect of a second insurance, without notice to the first insurer. A party obtained insurance upon a dwelling house and brewery attached, two thousand two hundred dollars, and upon fixtures in brewery and cellar, eight hundred dollars. The policy provided that if there should be insurance in any other office, the policy should be void, unless the company should consent to such double insurance. In an action on the policy, it was hdd, the court below improperly refused to instruct the jury that if the assured, after procuring this insurance, procured other insurance in another company, upon the fixtures mentioned in the policy, and gave no notice thereof to the defendants, then in making up their verdict they should exclude the amount insured in the policy upon the fixtures.</p>