Vito v. Standard Ins. Co.

Full title: Charles M. Vito and William H. Katt, Appellees, v. Standard Insurance…

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 497 (Ill. App. Ct. 1940)

26 N.E.2d 418

Opinion

Gen. No. 41,120. (Abstract of Decision.)

Opinion filed May 22, 1940 Rehearing denied June 14, 1940

INSURANCE, § 130^_ — fire, property covered by chattel mortgage. Lower court improperly awarded plaintiffs judgment in action on fire insurance policy, where policy provided property incumbered with a chattel mortgage was not covered unless made so by a rider, and the only rider in defining "contents" omitted interests otherwise excluded.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding.

Reversed and judgment here for costs for defendant and against plaintiffs. Heard in third division, first district, this court at February term, 1940.

Hinshaw Culbertson, for appellant;

Oswell G. Treadway, of counsel;

James Percival Pio, for appellees;

James A. Donnelly, of counsel.

Opinion by JUSTICE BURKE.

"Not to be published in full." Opinion filed May 22, 1940; rehearing denied June 14, 1940.