Wahl v. Inter-State Business Men's Accident Ass'n

The one question presented is whether the defendant is liable for the total amount of the death benefit promised, or only for a pro. rata of it. The defendant contends for a pro-rata liability, based upon a so-called prorating clause, reading as follows:

“If insured shall carry with another company * * * other insurance covering the same loss, without giving written notice to the association, then and in that case, the association shall be liable only for such portion of the indemnity promised as the said indemnity bears to the total .amount of like indemnity in all policies covering such…