Whiteman v. Merion Title & Trust Co.

Citations

• 25 Pa. Super. 320
• 1904 Pa. Super. LEXIS 62

Syllabus

<p>Insurance — Title insurance — Mortgage—Measure of damages.</p> <p>Where, by a policy of title insurance on. a mortgage, an insurance company agrees to indemnify, keep harmless, and insure the insured, from all loss or damage, not exceeding $1,500 which the said insured shall sustain by reason of defects or unmarketability of the title of the insured to the estate, mortgage or interest described in a schedule annexed, or because of any liens on it, or incumbrances, “ charging the same at the date of this policy,” and there is a total loss to the insured by reason of the sale of the property mortgaged under a prior mortgage in existence at the date of the policy, the insurance company is liable only for the actual value of the land, and not for the amount of the mortgage insured.</p>