Mosee

An appeal by defendant, Firemen’s Insurance Company of Newark, from. a judgment entered in favor of the plaintiff in an action on a policy of fire insurance.

The appeal involves the question whether the defendant is liable for the full amount of a loss or for the proportion thereof which the amount of its policy bears to the total amount of insurance on the property insured.

The facts are as follows: On November 7, 1912, the plaintiff executed to Charles Mettler a promissory note for $1,225, payable three years after date, and to secure the payment thereof executed to Los Angeles Title & Trust Co. a deed of trust to certain real property upon which a dwelling-house was situated. The trust deed authorized the trustee and the beneficiary thereunder to maintain insurance upon the dwelling-house to the satisfaction of either of them at the expense of the plaintiff. At the time the trust deed was executed a policy of insurance upon the dwelling was issued to the plaintiff by defendant, insuring him against loss or damage by fire, the loss, if any, being made payable to Mettler, who then selected the defendant as a company satisfactory to him. On February 20, 1913, this policy expired…