Rochester American Ins. Co. v. Short

The parties will be referred to herein as they appeared in the lower court. Plaintiff brought this action on a standard form insurance policy covering a dwelling in the city of Pauls Valley, alleging that on January 8, 1949, the property had been com pletely destroyed by fire, that proper notice had been given to the insurer which carried insurance in the total sum of $3,000. In addition to this insurance, additional insurance in the amount of $2,000 was carried with another company. Therefore, defendant’s liability under the policy involved in this case was limited to 3/5 of the amount of…