McAlpine v. State Mut Fire Ins Co of Michigan

In McAlpine v. State Mut Fire Ins Co of Michigan, 295 Mich. 456; 295 N.W. 224 (1940) the Supreme Court of Michigan addressed the import of the standard mortgage clause where an insurer claimed that the insured voided the insurance policy. In McAlpine, where the insured's barn was destroyed by fire, the insurer eventually admitted liability to the bank under the mortgage clause, paid the sum of $ 1,485 in satisfaction of the liability, and took an assignment of the mortgage in accord with the standard mortgage clause. 295 Mich. at 458-459. The insurer then commenced foreclosure proceedings against the insured and bid on the property at the foreclosure sale. Id. at 459. The insurer claimed that it was not liable to the insured because the insured violated the terms of the policy. The insured filed a complaint requesting, among other things, that the note and mortgage be declared paid, discharged, and canceled and that the assignment of the mortgage be canceled. Id.