St. Paul Fire & Marine Ins. Co. v. Upton
| Decision Date | 12 November 1891 |
| Court | North Dakota Supreme Court |
| Parties | St. Paul Fire & Marine Ins. Co. v. Upton. |
Mortgage clause in insurance policy construed, and held to embody the promise of the mortgagee to pay insurance premium in case of the failure of the mortgagor to pay it.
Appeal from district court, Grand Forks county; Charles F. Templeton, Judge.
Action by the St. Paul Fire & Marine Insurance Company against Hiram D. Upton for insurance premiums. Judgment for plaintiff. Defendant appeals. Affirmed.Wm. A. Scott, for appellant. Bangs & Fisk, for respondent.
This appeal presents the sufficiency of the complaint, the court sustaining it on demurrer. There are three causes of action, but, so far as the question to be considered is concerned, they do not differ. Each cause of action is an alleged indebtedness for an insurance premium. The policy was in favor of the owner of the property insured. The defendant is sought to be charged with a liability for the premium due thereon by virtue of a mortgage clause attached to and made a part of the policy. The construction of this clause determines the question of the liability of the defendant, the mortgagee, to whom the policy, with this clause forming a part of it, was delivered, and by whom it was accepted. That clause providesas follows: “Loss, if any, payable to Hiram D. Upton, mortgagee, or his assigns, as hereinafter provided; it being understood and agreed that this insurance, as to the interest of the mortgagee only therein, shall neither be invalidated by any act or neglect of the mortgagor or owner of the property insured, nor by the vacancy of the premises, nor by the occupation of the premises for purposes more hazardous than are permitted by the terms of this policy: provided that, in case the mortgagor or owner neglects or refuses to pay any premium due under this policy, then, on demand, the mortgagee shall pay the same: provided, also, that the mortgagee shall notify this company of any change of ownership or in crease of hazard which shall come to his knowledge, and shall have permission for such change of ownership or increase of hazard duly indorsed on this policy: and provided, further, that every increase of hazard not permitted by the policy to the mortgagor or owner shall be paid for by the mortgagee on reasonable demand, and after demand made by the company upon and refusal by the mortgagor or owner to pay according to the...
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Barry & Brewer v. Wright
... ... neither owner of property nor mortgagee secured by fire ... policy paid premium, but insurance agent did and loss ... v. Insurance Company, 96 Miss. 223; Aetna Ins. Co. v ... Cowan, 71 So. 746 ... We ... it are supported by forceful reasoning. St. Paul Fire & ... Marine Ins. Co. v. Upton, 2 N.D. 229, 50 N.W ... ...
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Baker v. Fargo Building And Loan Association, a Corp.
...payable clause is a covenant, consequently there is an obligation on the part of the mortgagee to pay the premium. St. Paul F. & M. Ins. Co. v. Upton, 2 N.D. 229, 50 N.W. 702; Boston Safe-Deposit Co. v. Thomas, 53 P. Security Ins. Co. v. Eakin (Ga.) 152 S.E. 606. When a point of law has bee......
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...to that here involved is not a condition, but a covenant binding the mortgagee to pay defaulted premiums, St. Paul Fire & Marine Ins. Co. v. Upton, 2 N.D. 229, 50 N.W. 702; Boston Safe Deposit & T. Co. v. Thomas, 59 Kan. 470, 53 P. 472; Stoddart v. Black, 134 Kan. 838, 8 P.(2d) 305, 83 A.L.......
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Baker v. Fargo Bldg. & Loan Ass'n
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