Legal Opinion · Dissent

American Insurance Company v. Kelley

Texas Supreme Court

Decided June 24, 1959No. A-7042Published

1DissentNorvell, Justice

I would reverse the judgment of the Court of Civil Appeals and affirm the judgment of the trial court for the reason that at the time the loss occurred the property was insured by two companies for an aggregate sum beyond the limits specified in the concurrent insurance clause of the policy sued upon.

The description of the property contained in the policy issued by American Insurance Company which is the basis of this suit was as follows:

Item No. 1, $3,000 on the one-story composition roof, frame building. Item No. 2, $500 on household goods contained in this dwelling.

Following this…

2Cases cited5 opinions

  1. Oates v. Continental Insurance Co.West Virginia Supreme Court · 1952
  2. Aetna Ins. Co. Of Hartford, Conn. v. Jeremiah Provident Fire Ins. Co. v. JeremiahCourt of Appeals for the Tenth Circuit · 1951
  3. Graham v. American Eagle Fire Ins. Co. Of New YorkCourt of Appeals for the Fourth Circuit · 1950
  4. Hunter v. United States Fidelity & Guaranty Co.Supreme Court of Florida · 1956
  5. Heldreth v. Federal Land Bank of BaltimoreWest Virginia Supreme Court · 1932

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