Ohio Farmers' Ins. v. Erie Brewing Co.

Citations

• 20 Ohio C.C. Dec. 390
• 11 Ohio C.C. (n.s.) 28

Syllabus

<p>APPRAISEMENT AND AWARD — INSURANCE—MORTGAGES.</p> <p>Burrows, Laubie and Cook, JJ.</p> <p>1. Mortgagee Held not Bound by Appraisement and Award to which He was not a Party.,</p> <p>A mortgagee who holds a policy of insurance issued to the mortgagor, which provides that in case of loss there shall be an appraisal and award with the usual mortgage clause attached, “loss if any payable to the mortgagee as his mortgage interest may appear” and further in substance: “That the insurance as to the interest therein of the mortgagee, should not be invalidated by any act or neglect of the mortgagor:” is not bound by an appraisement and award made by mortgagor and insurance company without the knowledge of the mortgagee.</p> <p>2. But Mortgagee Repudiating Appraisement should Demand Another Ap-praisement before Insisting on Payment.</p> <p>In such case where the mortgagee repudiates the appraisement and award made by the mortgagor and insurance company, it is the duty of the mortgagee to demand an appraisal and award before insisting upon the payment of the loss to him either by original action or by cross petition in an action brought by the mortgagor.</p> <p>tSyllabus approved by the court.]</p>