Mississippi Home Insurance v. Dobbins
Mississippi Supreme Court
From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellant was defendant and the appellee plaintiff in the court below. The opinion states the facts of the case. The case of Insurance Company v. Smith, 79 Miss., 112, relied on by the appellee, is no authority for and does not support the decision of the lower court in this case. The reason fails entirely where the premium is paid before notice of the additional and unauthorized insurance.
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From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellant was defendant and the appellee plaintiff in the court below. The opinion states the facts of the case. The case of Insurance Company v. Smith, 79 Miss., 112, relied on by the appellee, is no authority for and does not support the decision of the lower court in this case. The reason fails entirely where the premium is paid before notice of the additional and unauthorized insurance. The fact of retention of the premium cannot operate as an estoppel. The reason for the estoppel is that the defendant accepted the…
1Opinion of the Court
Whitfield, C. J-,
delivered the opinion of the court.
The facts in this case are as follows: The fire occurred on the 23d of October. Dobbins notified the agent, Montague, on the 24th. The agent was paid the premium some time in the forenoon of October 25th, without knowledge at that time of the additional .insurance: but six hours thereafter, on the same day, when there had been no change whatever in the condition of the parties, he was fully informed of the additional insurance. The insurance agent and Dobbins lived in the same town, within a few minutes’ easy communication. After full…
2Cases cited8 opinions
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Phenix Insurance v. TomlinsonIndiana Supreme Court · 1890
- Schreiber v. German-American Hail InsuranceSupreme Court of Minnesota · 1890
- Carpenter v. Continental InsuranceMichigan Supreme Court · 1886
- Johnson v. Southern Mutual Life InsuranceCourt of Appeals of Kentucky · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Scottish Union & National Ins. v. WylieMississippi Supreme Court · 1915
- Ætna Insurance v. MountMississippi Supreme Court · 1907
- Hartford Fire Ins. v. J. R. Buckwalter Lumber Co.Mississippi Supreme Court · 1917
- Fidelity-Phenix Fire Ins. v. RedmondMississippi Supreme Court · 1926
- Massie v. Washington Fidelity Nat. Ins.Mississippi Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.