Bennett v. St. Paul Fire & Marine Insurance

The opinion of the court was delivered by

Beasley, Chief Justice.

An issue of law is here presented for solution.

The suit is on a policy of fire insurance, the declaration being in the usual form. To the cause of action thus laid the defendant, in its second plea, defends on the gound that the policy declared on was subject to a certain condition, to wit, that “ this entire policy, unless otherwise provided by agreement endorsed thereon, or added hereto, shall be void if the insured now has, or shall hereafter make or procure any other contract of insurance, whether valid or not, on the…