Gunn v. Palatine Ins. Co., Ltd., of London

Appellant sued two insur- - anee companies separately on policies of fire insurance upon certain property situated in^ Decatur, Ala. The cases being called for trial, were by agreement consolidated and. tried as one cause. There was judgment for - the plaintiff, but, -upon consideration of defendants’ motion'for a new trial, the court-granted the same, and from this judgment the plaintiff has prosecuted this appeal.

Among other matters interposed to prevent a recovery, a breach of the following provision of the policy was set up as a defense to the action:

“This entire policy, unless otherwise…