14 S.E.2d 98 | Ga. | 1941
1. A vendee of personal property under a contract of purchase retaining title in the vendor until payment of the purchase-price is not, until the purchase-price is fully paid, the sole and unconditional owner thereof within the meaning of a provision in a fire-insurance policy that "This entire policy shall be void, unless otherwise provided by agreement in writing added hereto, if the interest of the insured be other than unconditional and sole ownership."
2. Under the facts stated in the certified question, a breach of this provision *746 as to part of the personal property insured avoided the whole policy, and there could be no recovery for the destruction of the other personal property as to which the insured was sole and unconditional owner.
The provision of the policy set out in the question is commonly found in fire insurance contracts, and its meaning and effect have heretofore been considered by this Court and the Court of Appeals. It has been held that where the insured holds the property covered by the policy subject to an outstanding deed or bill of sale given as security for a debt (Orient InsuranceCo. v. Williamson,
Answer in affirmative. All the Justices concur. *749