Empire Industries, Inc. v. Northern Assurance Co.

Plaintiff appeals from judgment of no cause for action in its suit for balance claimed due on a fire loss under an insurance policy written by ■defendant on plaintiff’s stock in trade.. Involved -is a so-called reporting form excess insurance policy for which the premium is figured at the end of the •year on the basis of the average value of the merchandise covered for the year as determined from monthly reports of such.value made by.the insured to the insurer. The policy provides that in case of •underreporting, such value in the last monthly report prior to a loss, liability of the insurer…