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BENCHOFF v. WESTERN MUT. FIRE INS. CO. (NO. 2)

No. 6.

8 Pa. D. & C. 2d 497 (1954)

Benchoff v. Western Mutual Fire Insurance Co. (No. 2)

Common Pleas Court of Adams County, Pennsylvania.

October 2, 1954.

Attorney(s) appearing for the Case

Swope, Brown & Swope, for plaintiff.

Storey, Bailey & Rupp and Bulleit & Bulleit, for defendants.

SHEELY, P. J., October 2, 1954.

Plaintiff's action is based upon policies of insurance issued by defendant insurance companies. The policies contain standard mortgagee clauses providing that the loss, if any, shall be payable to the Littlestown National Bank as interest may appear. Two of defendant insurance companies filed preliminary objections in the nature of demurrers contending that by virtue of the mortgagee clauses the bank was the real party in interest and...

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