Allen
General Ins. v. Allen
Opinion
Lead Opinion
Kerrigan, J.
The General Insurance Company of America appeals from a judgment against it in the sum of $10,193.44 in favor of Rose M. Allen in her action upon a fire insurance policy. The owners of the insured property, C. L. and R. A. Reynolds, were indebted to Mrs. Allen in the sum of $12,647, secured by mortgage upon a building in Filer, Idaho. The Reynolds insured this building for the sum of $10,000, the policy having attached to it the standard form known as “mortgage clause with full contribution,” wherein it was provided that the interest of the mortgagee in the insurance should not be invalidated by any act or negligence of the mortgagors or owners of the premises, that the mortgagee should on demand pay any premium due under the policy which the mortgagors neglected to pay, and that in the event of cancellation of the policy by the insurance company the policy should continue in force for the benefit of the mortgagee for ten days after notice to the mortgagee of such cancellation. The insurance was for the term of five years from September 20, 1924, premiums being payable annually; the provision of the policy in this regard being: “In consideration of the stipulations herein named…