Tomei v. Eureka-Security Fire & Marine Ins.

The defendant has appealed from a judgment rendered against it in the sum of $3000 on an insurance policy issued by the defendant’s agent on the 26th of March, 1925. The insured property was destroyed by fire early in the morning of March 31, 1925. Defendant refused to pay the loss. There was no question as to the amount of the loss or any question made upon the bona fides of the fire. The defense is made that the policy of insurance had never taken the effect of a binding contract for the reason that it was substituted for another policy previously issued by another company which latter…