Mortgages and Other Liens

CHAPTER 47. Fire Insurance to Protect Lienholder

§ 4701. Failure to obtain fire insurance on demand of lienholder.

Any person, failing within 30 days after notice to furnish to any lienholder of record an adequate fire insurance policy or policies, the premium or premiums upon which have been paid in full in an amount sufficient to protect the interest of the lienholder, shall forfeit the right to procure such policy or policies of fire insurance, and the lienholder of record may obtain the necessary fire insurance and charge the premium or premiums paid to the principal amount of the indebtedness.

40 Del. Laws, c. 239, §  1;  Code 1935, §  3387;  25 Del. C. 1953, §  4701; 

§ 4702. Right of mortgagee to recover fire insurance premiums.

Any mortgagee having paid any premium or premiums of fire insurance covering the mortgaged premises shall, in any action of scire facias sur mortgage or other civil action, obtain in the final judgment in the cause the amount of money paid for such fire insurance premium or premiums. There shall be set forth in the affidavit of demand filed in the action an itemized list of the insurance premium or premiums paid, the total amount of the payments thereof and that the amount has been paid. There shall be attached to the affidavit of demand fire insurance premium receipts from the agent issuing the policy or policies.

40 Del. Laws, c. 239, §  2;  Code 1935, §  3388;  25 Del. C. 1953, §  4702;