Commonwealth Insurance v. O. Henry Tent & Awning Co.

DUFFY, Chief Judge.

On March 31, 1955, each of the four plaintiff insurance companies issued a fire insurance policy to defendant. Each policy contained a monthly reporting form endorsement. Under this value reporting clause, the insured agreed to make monthly reports of the total cash value of the insured property at each location, and this clause provided that if such reports were not made, the policies were to cover not more than the amount included in the last report of values.

A fire occurred on March 28, 1956 destroying property of defendant valued at $32,188.29. However, the last report…