Heldreth v. Fed. Land Bank Of Baltimore, 7051.

CourtSupreme Court of West Virginia
Writing for the CourtMAXWELL
Citation163 S.E. 50
Docket NumberNo. 7051.,7051.
Decision Date23 February 1932

163 S.E. 50


No. 7051.

Supreme Court of Appeals of West Virginia.

Feb. 23, 1932.

Syllabus by the Court.

1. An insurer, not having consented in writing to additional insurance, may legally deny

[163 S.E. 51]

liability under a fire insurance policy containing a covenant against additional insurance, where it appears that at the time of obtaining the policy there was such other insurance.

2. Where an insurer in a fire insurance policy denies liability to the insured for legal cause, it is entitled to be subrogated to the rights of the mortgagee in the amount paid to it by the insurer.

Appeal from Circuit Court, Harrison County.

Suit by Filmore D. Heldreth against the Federal Land Bank of Baltimore and others. From an adverse decree, plaintiff appeals.


E. A. Bartlett, of Clarksburg, and Wm. T. George, of Philippi, for appellant.

Harvey F. Smith, of Clarksburg, and Cook & Markell, of Baltimore, Md., for appellee State Assur. Co., of Liverpool, England.

I. P. Whitehead, of Baltimore, Md., and Charles W. Louchery, of Clarksburg, for appellee Federal Land Bank of Baltimore.


This suit was instituted by a mortgagor to cancel an assignment by the mortgagee to the insurer of so much of the mortgage debt as equals the amount paid by the insurer to the mortgagee under "standard" mortgage provision of plaintiff's policy of fire insurance for loss of a dwelling on the mortgaged property. On the merits, the trial court found against the plaintiff and dismissed his original and amended bills. The plaintiff appeals.

The insurer denied liability to the plaintiff, but, recognizing its liability to the mortgagee under the "standard" mortgage clause of the policy, it paid to the mortgagee the insurance on the dwelling in the amount of $1,000.00. And, under a provision of the policy which subrogated the insurer to the rights of the mortgagee, pro tanto, in such circumstances, the insurer obtained of the mortgagee an assignment of the mortgage to the extent of the insurance paid.

None of the grounds relied on by the insurer in support of its denial of liability to the insured need be considered, save one, and it is predicated on a condition of the policy that "this policy shall be void if there be now or shall hereafter be procured any other insurance upon such property not permitted in writing hereon." The policy did not contain any permission in writing thereon for additional insurance. But there was...

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9 cases
  • Oates v. Continental Ins. Co., 10417
    • United States
    • Supreme Court of West Virginia
    • November 11, 1952
    ...insurance is valid, and can be enforced' has impliedly been overruled by Heldreth v. Federal Land Bank of Baltimore, 111 W.Va. 602, 604 [163 S.E. 50]. 6. Where two policies of fire insurance are issued by two different insurance agents at different times, each containing a warranty against ......
  • Cook v. Farmers Mut. Fire Ass'n of W. Va., 10600
    • United States
    • Supreme Court of West Virginia
    • April 2, 1954
    ...to the rights of the mortgagee in the amount paid to it by the insurer.' Pt. 2, Syl., Heldreth v. Federal Land Bank, 111 W.Va. 602, [163 S.E. 50]. Clay D. Amos, Fairmont, for plaintiff in R. D. Bailey, Bailey, Worrell & Bailey, Pineville, for defendant in error. [139 W.Va. 701] LOVINS, Judg......
  • Hiatt v. American Ins. Co., 669
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • June 12, 1959
    ...first policy in its entirety. Quoting Page 189 with approval from the case of Heldreth v. Federal Land Bank of Baltimore, 111 W.Va. 602, 163 S.E. 50, 51, the Court said: 'Such condition (with respect to other insurance) is deemed reasonable and proper because [250 N.C. 558] the moral hazard......
  • Fire Ass'n Of Philadelphia v. Ward, CC7I8.
    • United States
    • Supreme Court of West Virginia
    • May 20, 1947
    ...rights of the mortgagee in the amount paid to it by the insurer." Pt. 2, Syl, Heldreth v. Federal Land Bank of Baltimore, 111 W.Va. 602, 163 S.E. 50. FOX, President, dissenting.[42 S.E.2d 714] Certified to Circuit Court, Randolph County. Suit by Fire Association of Philadelphia against Eval......
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