Gawecki

These are consolidated suits in which appellants sought to recover on policies of insurance against loss by fire. On a trial to the court recovery was denied in each case.

. The policies were in the statutory form prescribed by the laws of California (Insurance Code, §§ 2070, 2071). They included the following provision, made mandatory by these statutes:

“Chattel mortgage. Unless otherwise provided by agreement in writing endorsed hereon or added hereto this Company shall not be liable for loss or damage to any property insured hereunder while encumbered by a chattel mortgage, but the liability of the Company upon other property hereby insured shall not be affected by such chattel mortgage.”

In compliance with § 2072 of the Insurance Code the substance of the clause was summarized on the outside of the policy in large type, and in the specific language of the statute, thus: “Read this Policy * * * Policy is suspended, unless otherwise agreed in writing, if * * * 8th. Property is or becomes encumbered by chattel mortgage.”

The property insured consisted of the furniture, fixtures and equipment of a -restaurant in Los Angeles. At the time of the fire this property was encumbered…