Reed v. Saint Paul Fire & Marine Insurance

Citations

• 67 Pa. Super. 110
• 1917 Pa. Super. LEXIS 353

Syllabus

<p>Insurance — Fire insurance — Mortgage clause — Apportionment.</p> <p>Where an owner has insured his interest in a property by- a policy of fire insurance to which is attached a mortgage clause, and subsequently sells his interest in the property to another person, subject to the mortgage, and such other person insures the property in a second insurance company, and has placed upon the policy a like mortgage clause in favor of the same mortgagee, and there is no reference either expressly or by implication in the mortgage clause to the apportionment clause contained in the policy, the second insurance company in an action against it by the mortgagee cannot compel the latter to accept in full settlement only one-half of the mortgage debt.</p>