Lee v. National Liberty Ins. Co. of America

ATWELL, District Judge.

The question involved is somewhat difficult. The courts have been seldom called upon to consider and find the differences between an open or valued policy.

Such learning as counsel has presented has been carefully considered.

A salient and very important consideration is the agreement of the parties. That, of course, is high ground. At first blush, it appeared to me that the contention of the plaintiffs had a great many elements of injustice in it. They seemed to seek pay for what they did not have. They might have overinsured what they did have, which, of course, would…