Kaufman v. All Persons, etc

In Kaufman v. All Persons, etc. (1911) 16 Cal.App.388, the vendor obtained a loan from a savings and loan association and gave a deed of trust on a building as security for the loan. In compliance with the loan agreement the vendor secured insurance on the building payable to the savings and loan. Thereafter, the vendor contracted to sell the building subject to the deed of trust to the plaintiff/purchaser. The plaintiff agreed to pay a specified sum to the vendor and to assume the vendor's indebtedness to the savings and loan association. The building and improvements were destroyed by fire and the insurance company paid the savings and loan association. In a subsequent action by vendee to establish title to the building site the District Court of Appeal upheld plaintiff's claim to the insurance benefits. Kaufman presents a case of special circumstances clearly distinguishable from the case at bar. As acknowledged by the Kaufman court: "The policy here, as has been seen, was by its own terms, and under the agreement between said society and the defendants, made payable, in case of the destruction of the building by fire, to the savings society, for the sole purpose of extinguishing or reducing a debt which the plaintiff, under her agreement with defendants and with the knowledge and consent of the creditor, had assumed and agreed to pay." (Id., at p. 400.)