Pacific States Fire Ins. v. C. Rowan Motor Co.

BROWN, J.-

Plaintiff asserts that defendant forfeited the protection of its policy of insurance by knowingly misrepresenting certain material facts set out above, the first ground of attack upon the policy involving “other insurance” on the automobiles, and the defendant’s knowledge thereof.

While there are decisions to the contrary, it is a rule of law, generally accepted because of its reasonableness, that a policy of fire insurance will not be forfeited where other insurance exists without the knowledge or consent of the assured: 26 C. J., p. 188. Among the many cases supporting this…