Newark Insurance v. Smith

Jordan, Judge.

The liability of the defendant insurance company under the pro rata clause of the policy sued upon was limited to the proportion of the loss which the amount insured by it bore to the whole amount of insurance on the property. This fact would not, however, preclude recovery against the defendant insurance company in the full amount of coverage afforded by the policy in question since the evidence adduced on the trial of this case in behalf of the plaintiff insured authorized the finding that the loss sustained by him was greater than the total amount of combined coverage under…