26.1-29-29. Insurance of mortgaged property - Act of mortgagor may avoid insurance

26.1-29-29. Insurance of mortgaged property - Act of mortgagor may avoid insurance When a mortgagor of property effects insurance in the mortgagor's own name providing that the loss is payable to the mortgagee, or when the mortgagor assigns an insurance policy to the mortgagee, the insurance is considered to be upon the interest of the mortgagor. The mortgagor does not cease to be a party to the original contract, and any act of the mortgagor which otherwise would avoid the insurance will have the same effect although the property is in the hands of the mortgagee.