Phœnix Assurance Co. v. Hinds

Citations

• 67 Kan. 595
• 73 P. 893
• 1903 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Flee Insurance— Mistake in Name of Assured — Rights of Mortgagee. Notwithstanding the provisions of a mortgage clause attached to an insurance policy are made applicable, by a literal construction of terms, to changes in ownership of the property after execution and delivery of the policy, yet, where the indemnity is procured and paid for by the mortgagee, and an action for loss by fire is founded upon the contract made by the mortgage clause, the terms of which are expressly made to supersede the conditions of the policy itself, and by mistake, innocently and unintentionally made, a wrong name is inserted in the policy such mistake is not so material as to avoid the contract made between the parties to the mortgage clause.</p>