Wynn v. Insurance Company
Supreme Court of South Carolina
Before Prince, J., Columbia, March, 1914. Action by Annie G. Wynn against Caledonian Insurance Company, to recover under a policy of insurance issued by the defendant covering a dwelling in the city of Columbia. The defendant answered, admitting generally the allegations in the complaint, but denied its liability upon the ground that the policy has been avoided by the plaintiff in that additional insurance was taken out on the property without its consent.
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Before Prince, J., Columbia, March, 1914. Action by Annie G. Wynn against Caledonian Insurance Company, to recover under a policy of insurance issued by the defendant covering a dwelling in the city of Columbia. The defendant answered, admitting generally the allegations in the complaint, but denied its liability upon the ground that the policy has been avoided by the plaintiff in that additional insurance was taken out on the property without its consent. The policy of insurance written by defendant was for $1,600.00; the value of the building was fixed at $1,800.00; the insurable value' was…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action on a policy of insurance for a partial loss caused by fife.
The only question in the case is presented by the following exception:
“Because his Honor erred in instructing the jury that procuring of additional or further insurance, in excess , of the insurable value stated in the policy, as having been agreed upon by the insured and the insurer, without the consent of such insurer, would render the policy void (unless there had been a waiver).
Whereas, he should have instructed the jury that, under the statute law…
2Cases cited1 opinion
- Cave v. Home InsuranceSupreme Court of South Carolina · 1900
3Cited by10 opinions
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Graham v. American Eagle Fire Ins. Co. Of New YorkCourt of Appeals for the Fourth Circuit · 1950
- Edwards v. Great American InsuranceSupreme Court of South Carolina · 1959
- Vance Trucking Co. v. Canal InsuranceCourt of Appeals for the Fourth Circuit · 1968
- Camden Wholesale Grocery v. National Fire Ins.Supreme Court of South Carolina · 1917
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