Illinois Mutual Fire Insurance v. Malloy

This was an action of debt in the Alexander Circuit Court, brought by Cornelius Malloy against the Illinois Mutual Fire Insurance Company, on a policy of insurance.

The policy contained this clause:

“If the assured should thereafter make any other insurance on the same property, and should not with all reasonable diligence, give notice thereof to the insurers, and have the same endorsed on the policy or otherwise acknowledged by them in writing, the policy should cease and be of no further effect.”

The assured did effect additional insurance on the premises, in another company, and whether he…