Pasquale Savarese, Appellants v. Ohio Farmers Insurance Company of Le Roy, Ohio, Respondents

Summary

The Court held that the mortgagee’s right to recover under the fire‑insurance policy is not defeated by the owner’s repair of the premises, but the insurer’s liability is limited by the policy’s standard‑average (co‑insurance) clause, resulting in a payment of five‑twelfths of the loss ($1,762.50). Two dissenting opinions argued that the mortgagee should receive the full loss amount.