Miller v. St. Paul Fire & Marine Ins.
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by H. A. Miller against the St. Paul Fire & Marine Insurance Company. From a judgment for -defendant, plaintiff appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by H. A. Miller against the St. Paul Fire & Marine Insurance Company. From a judgment for -defendant, plaintiff appeals. Though the contract of insurance prohibits other insurance and' provides that the policy is avoided by the procurement of other insurance without the consent of the company, yet if it contains an endorsement permitting other concurrent insurance, then other and additional insurance may be made without endangering the original policy and such a -clause or rider will prevent a forfeiture. N. J. Rubber…
1Opinion of the CourtMcCOY, J.
Plaintiff, who is appellant, brought suit in the circuit court against the defendant to recover for the loss of certain store fixtures and furniture and stock of merchandise, totally destroyed by fire on the night of January 6, 1908, at Brentford, Spink -county, while said furniture, fixtures, and stock of merchandise were covered by a policy of insurance by defendant company, in favor -of plaintiff, to the amount of $500 on fixtures and *456furniture and $1,000 on stock of merchandise. Defendant answered, admitting the issuance of said policy and the total loss by fire of the said property…
2Cases cited1 opinion
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
3Cited by7 opinions
- Hemmer-Miller Development Co. v. Hudson InsuranceSouth Dakota Supreme Court · 1931
- Thompson v. State Auto. Ins. Assn.South Dakota Supreme Court · 1945
- McKelvey v. Eureka Fire & Marine InsuranceOhio Court of Appeals · 1913
- Fountain v. Standard Fire InsuranceSupreme Court of Iowa · 1912
- D & P Terminal, Inc., a Corporation v. Western Life Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1966
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