Reed v. Saint Paul Fire & Marine Insurance
Superior Court of Pennsylvania
Reed v. Saint Paul Fire & Marine Insurance, 67 Pa. Super. 110 (1917)
1917 Pa. Super. LEXIS 353
Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams
Reed v. Saint Paul Fire & Marine Insurance
Opinion of the Court
After careful examination of the record in this case, we conclude that the reasons given by the court below fully justify the conclusion reached, and that from every possible point of view, legal and equitable, the defendant ought to pay the mortgage; and that the rule to show cause why judgment should not be entered for want of a sufficient affidavit of defense was properly made absolute.
The judgment is affirmed.
Reference
- Full Case Name
- Reed v. Saint Paul Fire & Marine Insurance Co.
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Insurance — Fire insurance — Mortgage clause — Apportionment. 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.