Smith v. Miami Farmers Mutual Fire Insurance

The opinion of the court was delivered by

Burch, J.:

The action was one to recover from the Miami Farmers Mutual Fire Insurance Company and the Alliance Cooperative Insurance Company, a fire insurance company, for loss occasioned by fire. Judgment was rendered against both companies, and the Cooperative company appeals.

Smith held a policy issued by the Mutual company which expired November 5, 1925. He had left the policy with the company for safe-keeping. Before the policy expired Smith’s agent saw the secretary of the company, told the secretary he did not know when the policy expired, and…