White v. U.S. Fidelity Guaranty Co.

12 Citing cases

  1. Great-West Life v. Gen. Acc. Fire Life

    116 Ill. App. 3d 921 (Ill. App. Ct. 1983)   Cited 13 times
    Stating that a mortgagee's insurable interest is prima facie the amount mortgaged and extends solely to the amount of the debt

    (3 Couch on Insurance sec. 24:72, at 160 (2d ed. 1960).) As between a mortgagor and mortgagee, "`* * * the insurance money, in case of the destruction of the property, represents the property itself * * *.'" ( White v. United States Fidelity Guaranty Co. (1974), 21 Ill. App.3d 588, 594, 316 N.E.2d 131, 136, citing Grange Mill Co. v. Western Assurance Co. (1886), 118 Ill. 396, 399, 9 N.E. 274, 275.) The purpose of insurance protecting the mortgagee's interest is to secure payment of the balance of the debt evidenced by the mortgage note in the event that the building should be damaged or destroyed. ( 21 Ill. App.3d 588, 595, 316 N.E.2d 131, 137.

  2. Kindred v. Boalbey

    391 N.E.2d 236 (Ill. App. Ct. 1979)   Cited 8 times
    In Kindred v. Boalbey, 73 Ill.App.3d 37, 29 Ill.Dec. 77, 391 N.E.2d 236 (1979), Francis L. Kindred entered into an installment contract with Richard M. Boalbey for the sale of a residence and that the land on which the residence was located.

    Accordingly, we believe equitable conversion is applicable and that the defendant Boalbey is the equitable owner of the real estate while holding the purchase money, including the fire insurance proceeds, as trustee for the plaintiff. We find support for our position in White v. United States Fidelity Casualty Co. (1974), 21 Ill. App.3d 588, 316 N.E.2d 131, where a similar dispute arose concerning proceeds from insurance in an installment land sale situation with similar contract language. The court there very clearly stated, "[a]s a general proposition it seems well established that where the purchaser under an installment contract for the sale of realty agrees to insure the property against loss for the benefit of the seller, the seller is entitled to the proceeds of the insurance at least to the extent of his interest in the property."

  3. West Bend Mutual Ins. Co. v. Salemi

    158 Ill. App. 3d 241 (Ill. App. Ct. 1987)   Cited 28 times   1 Legal Analyses
    Holding that "any insured" language could reasonably be interpreted as denying coverage only to the culpable party

    • 2, 3 As a general rule where the buyer under an instalment contract for the sale of realty agrees to insure the property against casualty loss for the benefit of the seller, the seller is entitled to the insurance proceeds to the extent of his interest in the insured property. ( International Insurance Co. v. Melrose Park National Bank (1986), 145 Ill. App.3d 286, 290, 495 N.E.2d 1197, 1199; Kindred v. Boalbey (1979), 73 Ill. App.3d 37, 40, 391 N.E.2d 236; White v. United States Fidelity Guaranty Co. (1974), 21 Ill. App.3d 588, 594, 316 N.E.2d 131.) We find this rule to be applicable here.

  4. United States v. Illinois Fair Plan Ass'n

    67 F.R.D. 659 (N.D. Ill. 1975)   Cited 4 times
    Applying Illinois law

    These cases are inapposite because the policy at issue here already contains a standard mortgage clause and names the mortgagee as payee. E. g., White v. United States Fidelity and Guaranty Co., 21 Ill.App.3d 588, 316 N.E.2d 131 (1st Dist. 1974); Weiner v. Sentinel Fire Ins. Co., 87 F.2d 286 (2d Cir. 1937).           The first problem with plaintiff's theory is that the record at best, contains only evidence of Lumpkin's intent and no evidence of defendant's intent.

  5. FHLMC v. Transamerica Ins. Co.

    89 Haw. 157 (Haw. 1998)   Cited 23 times
    Holding that the trial court did not err in declining to allow plaintiffs to amend their complaint to clarify that their HRS chapter 480 claim pertained to the sale and marketing of a vehicle theft registration system where plaintiffs proposed to amend claims on which the court had already granted summary judgment and had provided no explanation for the delay

    "Nationwide Mutual Fire Insurance Co. v. Wilborn (1973), 291 Ala. 193, 198, 279 So.2d 460, 463, citing 5A Appleman, Insurance Law and Practice § 3403, at 301-3[sic] (1970); accord, White v. United States Fidelity and Guaranty Co. (1974), 21 Ill. App.3d 588, 316 N.E.2d 131.Great-West Life Assurance Co. v. General Accident Fire Life Assurance Corp., 116 Ill. App.3d 921, 72 Ill.Dec. 297, 452 N.E.2d 550, 556-57 (Ill. App.Ct. 1983) (some brackets and emphases in original and some added).

  6. Brokenbrough v. State

    522 A.2d 851 (Del. 1987)   Cited 81 times
    Holding that "arguments in the first person are extremely dangerous and should be assiduously avoided."

    The Second Circuit decision in Bivona was preceded by its decision in United States v. White, 486 F.2d 204 (2nd Cir. 1973) cert. den. White v. United States, 415 U.S. 980, 94 S.Ct. 1569, 39 L.Ed.2d 876 (1974). In White, the Court noted that in at least six cases in the preceding six months, appellants had included allegations of prosecutorial misconduct at trial among their claims of error on appeal.

  7. Davis v. Times Mirror Magazines, Inc.

    297 Ill. App. 3d 488 (Ill. App. Ct. 1998)   Cited 45 times
    Finding that summary judgment was proper where plaintiff's attempts to create genuine issues of material fact were “based on assertions unsupported in the record and conclusory, self-serving deposition testimony”

    Summary judgment is an appropriate remedy if the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact. White v. United States Fidelity Guaranty Co., 21 Ill. App.3d 588, 316 N.E.2d 131 (1974). When deciding the motion, the trial court should construe all of the evidence before it strictly against the movant.

  8. Community Bank of Greater Peoria v. Carter

    283 Ill. App. 3d 505 (Ill. App. Ct. 1996)   Cited 21 times
    Recognizing that the assignee is placed "in the shoes" of the assignor and has the same rights, title, and interest as the assignor

    Summary judgment is an appropriate remedy if the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact. White v. United States Fidelity Guaranty Co., 21 Ill. App.3d 588, 592 (1974). Summary judgment motions permit the trial court to provide an expedient means of resolution where no genuine issue of material fact exists.

  9. Property Owners Insurance Co. v. Hack

    559 N.E.2d 396 (Ind. Ct. App. 1990)   Cited 25 times
    In Property Owners Ins. Co. v. Hack, 559 N.E.2d 396 (Ind.App. 1st Dist. 1990), the Hacks were vendors under a real estate installment contract who sought coverage under the buyer's insurance policy after the buyer purposefully set fire to the property.

    While this is not a frequently litigated issue, at least one state follows this latter interpretation. White v. United States Fidelity and Guaranty Co. (1974), 21 Ill. App.3d 588, 316 N.E.2d 131. To adopt Property Owners' position would be to adhere slavishly to the form of the rule that contract sellers are analogous to mortgagees while ignoring the purpose of that rule, which is to provide contract sellers with protection of their interests in insurance proceeds and the interests those proceeds represent.

  10. International Insurance v. Mel-Rose Park National Bank

    495 N.E.2d 1197 (Ill. App. Ct. 1986)   Cited 8 times
    Deciding legal effect of installment agreement to sell building on amount defendant could recover under insurance policy after fire damaged building and noting similarity of interest of a seller under an installment agreement to interest of a mortgagee

    The interest of a seller under an installment agreement is analogous to that of a mortgagee. ( White v. United States Fidelity Guaranty Co. (1974), 21 Ill. App.3d 588, 594-95, 316 N.E.2d 131, 136, quoting Grange Mill Co. v. Western Assurance Co. (1886), 118 Ill. 396, 399-400, 9 N.E. 274, 275.) The mortgagee's insurable interest is prima facie the value mortgaged, and extends only to the amount of the debt, not exceeding the value of the mortgaged property.