Kossmehl v. Miller National Insurance

— This is a suit on an insurance policy issued by the Millers National Insurance Company, which insured plaintiff against the loss of an emerald ring. The petition, which was conventional in form, alleged the loss of the ring, and prayed judgment in the sum of $750, plus an attorney’s fee and a penalty under the vexatious refusal to pay statute.

Defendant’s answer consisted of a general denial and affirmative defenses. It averred that by the terms of the policy the assured warranted that no other insurance was or would be carried on the property insured except as might be endorsed on said…