Knights of Joseph B. & L. Ass'n v. Mechanics' Fire Ins.

Citations

• 66 Pa. Super. 90
• 1917 Pa. Super. LEXIS 200

Syllabus

<p>Insurance — Fire insurance — Change of ownership — Mortgage clause — Notice of change of ownership — Reasonable time.</p> <p>A mortgage clause attached to a policy of fire insurance is not an assignment of the policy or a loss clause payable to the mortgagee, but is an independent contract of insurance.</p> <p>Where a mortgage clause attached to a fire policy states that the loss shall be payable to the mortgagee, and not be invalidated by any change in the title or ownership of the property “provided that the mortgagee shall notify this company of any change of ownership ......which shall come to the knowledge of the said mortgagee,” the proviso is not a condition precedent, but is a covenant, directory in character, and merely requires the mortgagee to give notice within a reasonable time to the company of any change of title, which comes to his knowledge. What is a reasonable time is a question for the jury under proper instructions from the court.</p>