N. C. Grange Mutual Insurance v. Johnson

This is an action to recover $10,340 paid by plaintiff to defendant on a crop hail insurance policy on the ground that coverage under the policy had been suspended at the time of the loss because defendant breached the “other insurance” clause1 in the policy.

The facts are not in dispute. Plaintiff issued its policy to become effective on 21 May 1978. Thereafter defendant applied for and was issued a second crop hail insurance policy by another insurer to become effective on 8 June 1978 on a portion of the same crop insured by plaintiff. Defendant did not give notice to plaintiff of this…