Property Insurance FundamentalsQuestion 188 of 531100% of test-takers answer this correctly

Which statement best describes the protection given to a lender under a standard (union) mortgage clause in a property policy?

a.The mortgagee has rights only after the insurer pays the borrower in full, and must then look to the borrower's proceeds for repayment
b.The mortgagee's right to recover is protected even if the borrower's act or neglect would defeat the borrower's own claim, provided the mortgagee meets the clause's notice and premium obligations
c.The mortgagee may collect the loss only by suing the borrower directly, because the policy gives it no claim of its own against the insurer
d.The mortgagee's interest is voided by any act or neglect of the insured borrower, so a misstatement on the application or an unreported vacancy wipes out the lender's claim along with the borrower's, even where the lender paid every premium billed to it and reported every change it knew of

Explanation

A standard or union mortgage clause creates an independent contract between the insurer and the mortgagee. The lender's right to recover is not voided by the borrower's act or neglect (such as misrepresentation or vacancy) as long as the lender pays any premium due and gives notice of any change in occupancy or hazard that becomes known to it. An open or simple mortgage clause does not give the lender this independent protection.

Law Reference: Mortgagee / standard mortgage clause

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