The Law of Insurance : a Treatise On the Law of Insurance, Including Fire, Life, Accident, Marine, Casualty, Title, Credit And Guarantee Insurance in Every Form

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567 (1897), it appeared that the policy was issued with the knowl- edge that there was an incumbrance upon the property. The policy con- tained a clause rendering it invalid if the property should be Incum- bered in the future without the knowledge and consent of the com- pany, and it was held that the pro- vision was not invalidated by the making of a new mortgage for the purpose of discharging the old. In Cagle V. Chillicothe, etc., Ins. Co., 78 Mo. App. 215 (1899), where the pol- icy contain...ed a stipulation that "any incumbrance shall avoid the policy unless the written consent of § 359 THE STANDARD POLICY.
246 suranee if the interest of the insured be other than such sole owner- ship.^^° A lease of the premises is not an incumbrance within the meaning of a condition rendering the policy void if the property is incumbered by a future mortgage or lien.^^° § 259. Illustrations. — As already noted, there is a distinction be- tween the words title and interest as used in insurance policies.


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