Mississippi Fire Ass'n v. Dobbins
Mississippi Supreme Court
From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellee, Dobbins, was plaintiff, and the appellant, the Mississippi Fire Association, defendant, in the court below.
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From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellee, Dobbins, was plaintiff, and the appellant, the Mississippi Fire Association, defendant, in the court below. This action on his policy for the loss sustained by the appellee, Dobbins, was defended on the ground that he had taken out other insurance on the same property subsequent to taking out the policy sued on, without the knowledge or consent of the defendant company, and in violation of the terms of the contract of insurance, which rendered the policy sued on void. The case.was tried before the court without…
1Opinion of the Court
Whitfield; C. J.,
delivered the opinion of the court.
It is perfectly manifest that the judgment in this case is correct, from the very terms of the contract as to cancellation. The policy is much broader than the one in the case of Mississippi Home Ins. Co. v. Dobbins (this day de*632cided), 33 So., 504, and to the opinion in which case reference is made, in respect to the duty of the appellant to return the unearned premium. Here the policy not only requires the appellant to return the unearned part of the premium in case either party cancels, as either might, but expressly provides, ‘ ‘ If this…
2Cases cited1 opinion
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