Homeland Insurance Co. of America v. Carolina Insurance

The principal question on this appeal is whether the Carolina policy was in force at the time of the loss, and this depends upon whether Dobbert had authority to cancel the policy, waiving the five days’ notice, and substitute the policies of the Homeland Insurance Company and the other two companies.

According to the testimony of Mr. Cohen, Mr. O’Connell was instructed to get $100,000 use-and-occupancy insurance and to keep the mill insured for that amount; O’Connell was free to place the insurance in whatever companies he saw fit so long as he kept the mill continually insured up to that…