Rowland v. Home Insurance

Citations

• 82 Kan. 220
• 108 P. 118
• 1910 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire Insurance — Provision against Encumbrances — Mortgage. A policy of fire insurance containing a provision which reads: “It is stipulated and agreed if the property or any part thereof shall hereafter become mortgaged or encumbered . . . without written consent hereon, then this policy shalL be null and void,” will not be rendered invalid by a mortgage-upon the insured premises, unless it is a valid and subsisting lien upon the property.</p> <p>2. Words and Phrases — “Encumbrance.” In such a case, where the insured executed a mortgage for the purpose of securing a promissory note payable more than a year after date, for rent expected to become due under a lease where the term does not commence for five months in the future, and the insured property is destroyed by fire before the commencement of the term under the lease, such mortgage will'not be an encumbrance within such provision of the policy.</p>