Liverpool London Globe Ins. Co. v. Dickinson

BOULDIN, Justice.

The action is on a fire insurance policy. The insured sued the insurer for the full amount of the policy.

Defendant, among others, filed pleas 3 and 4, setting up an alleged forfeiture by taking out additional insurance. The policy stipulated the policy should be void in such event, unless permitted by agreement indorsed upon the policy.

Plaintiff filed a replication No. 2 to these pleas alleging a waiver of such forfeiture in that the policy contained a loss payable clause to one J. W. Kimbrough, mortgagee, as his interest should appear; and further alleging that Kimbrough, at…