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7 Pennsylvania opinions name it 3 courts 1931–2002 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
General Electric Credit Corp. v. Aetna Casualty & Surety Co.green2 sentences2002See id. at 474 , 263 A.2d at 454 . ¶ 20 A standard mortgage clause, also called a standard loss payable clause, is broader and provides more coverage for the mortgagee (lienholder) because the insurance policy expressly indicates that any act or neglect by the insured will not invalidate coverage. 2002See id. at 474 , 263 A.2d at 454 . ¶ 20 A standard mortgage clause, also called a standard loss payable clause, is broader and provides more coverage for the mortgagee (lienholder) because the insurance policy expressly indicates that any act or neglect by the insured will not invalidate coverage. | 1 | 1 |
Ertel v. Patriot-News Co.green2 sentences2002See Ertel v. Patriot-News Co., 544 Pa. 93, 98-99 , 674 A.2d 1038, 1041 (1996). ¶ 16 First, we will examine the loss payable clause endorsement of the Policy. 2002See Ertel v. Patriot-News Co., 544 Pa. 93, 98-99 , 674 A.2d 1038, 1041 (1996). ¶ 16 First, we will examine the loss payable clause endorsement of the Policy. | 1 | 1 |
Terra Western Corp. v. Berry & Co.green1 sentence1994Id. at 697-698. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Irizarry Colón
neutral
1 sentence1963It is a general rule, however, that the application of the proceeds of an insurance policy on mortgaged property to something other than the satisfaction of the mortgage debt may be controlled by agreement between the mortgagor and mortgagee, and that objection thereto may not be made by other secured or unsecured creditors of the mortgagor. . .” (Italics suppled.) In Stockton National Bank v. Home Insurance Co., 106 Kan. 789 , 189 Pac. 913 , the principle of the personal nature of insurance contracts was applied, where property was insured by the mortgagor for his own benefit with a loss paya | 1 | 1963–1963 |
Stockton National Bank v. Home Insurance
neutral
1 sentence1963It is a general rule, however, that the application of the proceeds of an insurance policy on mortgaged property to something other than the satisfaction of the mortgage debt may be controlled by agreement between the mortgagor and mortgagee, and that objection thereto may not be made by other secured or unsecured creditors of the mortgagor. . .” (Italics suppled.) In Stockton National Bank v. Home Insurance Co., 106 Kan. 789 , 189 Pac. 913 , the principle of the personal nature of insurance contracts was applied, where property was insured by the mortgagor for his own benefit with a loss paya | 1 | 1963–1963 |
First National Bank v. Newark Fire Insurance
neutral
1 sentence1963Our view that plaintiff cannot question the disposition of the insurance moneys is supported by First National Bank of Charleroi v. Newark Fire Insurance Company, 118 Pa. Superior Ct. 582 , wherein the court was confronted with the interpretation of a standard mortgagee clause as relates to judgment creditors, third-party beneficiaries and the mortgagee himself. | 1 | 1963–1963 |
Clarke & Cohen v. Hartman Co.
neutral
1 sentence1960Accordingly, any money paid by the company on account of the loss would ordinarily belong to the assured, and if paid to a creditor under an assignment of the policy, or under a loss payable claim, such payment is in relief of the debtor and must be applied to the debt: Clarke & Cohen v. Hartman Co., 105 Pa. Superior Ct. 118 (1932); 29A Am. | 1 | 1960–1960 |
Allcorn v. Commonwealth Mutual Fire Insurance
neutral
1 sentence1954Where bailees secured a policy of insurance with a clause providing that any loss thereunder was “payable, as interest may appear, to the Insured, and Industrial Credit Corp.”, it was held that, as bailees, plaintiffs had a right of action in their own name without joining the finance company as a party beneficially interested under the loss payable clause of the policy: Allcorn v. Commonwealth Mutual Fire Insurance Company of Pennsylvania, 174 Pa. Superior Ct. 489 (1954). | 1 | 1954–1954 |
Ostroff v. Springfield Fire & Marine Insurance
neutral
1 sentence1954Insurance Company, 172 Pa. Superior Ct. 211 (1952); Swoope v. U. S. Fire Ins. | 1 | 1954–1954 |
In re Holmes Lumber Co.
neutral
1 sentence1936The case of In re Holmes Lumber Co., 189 Fed. 178 , is one in which the mortgagor insured property covered by the mortgage lien and also other property not so covered. | 1 | 1936–1936 |
Washington National Bank v. Smith
neutral
2 sentences1936Bank v. Smith, 15 Wash. 160 , 45 Pac. 736 , it was held that a mortgagee of a mill property, under a fire policy containing a loss payable clause as her interest as mortgagee might appear, had no right to the proceeds of insurance covering the machinery in the mill, where such machinery was personalty. 1936Bank v. Smith, 15 Wash. 160 , 45 Pac. 736 , it was held that a mortgagee of a mill property, under a fire policy containing a loss payable clause as her interest as mortgagee might appear, had no right to the proceeds of insurance covering the machinery in the mill, where such machinery was personalty. | 1 | 1936–1936 |
Shoener v. County of Schuylkill
neutral
2 sentences1936Ordinarily, facts which are not distinctly or expressly agreed upon in a case stated must, on appeal, be taken as not existing: Shoener v. County of Schuylkill, 107 Pa. Superior Ct. 114 , 163 A. 319 , and cases there cited. 1936Ordinarily, facts which are not distinctly or expressly agreed upon in a case stated must, on appeal, be taken as not existing: Shoener v. County of Schuylkill, 107 Pa. Superior Ct. 114 , 163 A. 319 , and cases there cited. | 1 | 1936–1936 |
Wilcox v. Mutual Fire Insurance
neutral
2 sentences1931Co., 81 Minn. 478 , 84 N. W. 334 . 1931Co., 81 Minn. 478 , 84 N. W. 334 . | 1 | 1931–1931 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.