New York Court of Appeals

The Springfield Fire and Marine Insurance Company and the Massasoit Insurance Company, Respondents v. Orlando Allen…

January 24, 187143 N.Y. 389

Summary

The New York Court of Appeals affirmed the lower court, holding that the insurance policies were void because the mortgaged property was transferred before the loss, and that the insurance proceeds paid to the mortgagee could not be applied as payment on the mortgage. The Court also affirmed that the subrogation clause gave the insurers a valid assignment of the mortgage upon payment.