Commercial Union Assurance Co. v. Norwood
Supreme Court of Kansas
Error from; Patvnee District Court. Son. S. W. Vandivert, Judge. This action was brought by O. F. and E. R. Nor-wood, partners, against the Commercial Union Assurance Company, Limited, of London, England, on a $2,500 policy of insurance on a stock of merchandise in Lamed, Kansas.
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Error from; Patvnee District Court. Son. S. W. Vandivert, Judge. This action was brought by O. F. and E. R. Nor-wood, partners, against the Commercial Union Assurance Company, Limited, of London, England, on a $2,500 policy of insurance on a stock of merchandise in Lamed, Kansas. Attached to the plaintiffs’ petition is a copy of the policy, which contains this provision : “This entire policy, unless otherwise provided by agreement indorsed hereon, or added hereto, shall be void if the insured now has, or shall hereafter make or procure any other contract of insurance, whether valid or not, on…
1Opinion of the CourtAllen, J.
The pleadings, evidence and instructions in this case, squarely present -the question, whether a prior parol agreement made with the general agent of an insurance company concerning the amount of concurrent insurance to be carried on the property insured, controls and defeats the express terms of the policy. It appears, without dispute, that one of the conditions of the policy was, that it should be void if the insured should procure any other insurance on the property without the consent of the insurer, and that consent was indorsed on the policy for only $32,500 of concurrent insurance. The…
2Cases cited4 opinions
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Funke v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1882
- Drake v. DodsworthSupreme Court of Kansas · 1867
3Cited by14 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
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