Longfellow v. National Fire Insurance

Citations

• 102 Kan. 473
• 170 P. 813
• 1918 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Insurance — Loss Payable to Mortgagee as Appointee — Change of Title to Insured Property — Policy Void. A mortgagee sued to recover on an insurance policy issued to his mortgagor. The mortgage clause merely constituted the mortgagee an appointee to receive the proceeds of the policy for and on account of the assured, subject to all the terms and conditions of the policy. The mortgagor-sold and conveyed the property, which act, by the terms of the policy, rendered it void. Application was made to the insurance company to substitute the purchaser of the property as the assured in the policy. The insurance company imposed certain reasonable' conditions, which were not complied with until after loss had occurred, when the insurance company canceled the policy, and returned the unearned premium to the mortgagor. Held, the mortgagee cannot recover.</p>