Rowell v. Fireman's Insurance Co.

(dissenting) : I think that his Honor, Judge Moss, was entirely right in directing a verdict for the defendant, and, therefore, respectfully dissent from the conclusion to the contrary announced in the opinion of Mr. Justice Stabler, for the reasons which follow.

The policy of fire insurance issued to and accepted by the insured contained the following plain and unambiguous condition :

“Unless otherwise provided by agreement in writing, added hereto, this company shall not be liable for loss or damage occurring while the insured shall have any other contract of insurance, whether valid or not,…