Humble v. German Alliance Insurance

The opinion of the court was delivered by

West, J.:

When this case was here before (Humble v. Insurance Co., 85 Kan. 140, 116 Pac. 472) it was held that the policy was not avoided by additional in*308surance taken out by another without the knowledge, consent or ratification of the insured, and that a provision prohibiting- incumbrance does not invalidate a policy issued on oral application when no inquiries or statements are made regarding incumbrances and there is no concealment or misleading conduct on the part of the insured. The company appeals from a judgment resulting from a retrial. The…