Pugh v. Commonwealth Mut. Fire Ins. Co. Of Pennsylvania

KALODNER, Circuit Judge.

Where a policy of fire insurance contains an endorsement that its terms and conditions at the time of any loss will be the same as the terms and conditions of a policy of co-insurance previously issued on the same property, is the second insurer relieved of liability by virtue of the fact that it received a smaller premium than its co-insurer ?

That is the question presented by the instant appeal by the Commonwealth Mutual Fire Insurance Company of Pennsylvania (“Commonwealth”), defendant below, from an order of the District Court denying its motion under Fed. Rules…