Adjustment Bureau Tampa Ass'n of Credit Men v. Equitable Fire & Marine Insurance

Citations

• 87 Fla. 308
• 100 So. 161

Syllabus

<p>A fire insurance policy contained the following provisions:</p> <p>“This insurance is affected subject to the following Conditions which are hereby made warranties by the assured, and are accepted as part of this contract:</p> <p>“Total insurance permitted, warranted, concurrent herewith, including this policy, as follows:</p> <p>$........ on stock; $........ on furniture and fixtures; if........ on .....................</p> <p>“It is understood and agreed that no insurance in addition is permitted to this policy unless the total insurance, including this policy, is entered in paragraph above.”</p> <p>“This entire policy, unless otherwise provided by agreement indorsed hereon or added thereto, shall be void if the insured now has, or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole Or in part by this policy.”</p> <p>The blank spaces in the concurrent insurance clause were not filled in. Held: That knowledge of the insurer of other insurance upon the property insured at the time of the issuance of the policy with the omission to insert in the concurrent ¿>r additional insurance clause of the policy the amount, or that no additional concurrent insurance is permitted, is not, as to policies subsequently issued up'on the property of which the insurer had no notice, a waiver nor is the insurer as to such policies, because of the omission to fill in the blank spaces in the concurrent insurance clause, estopped from asserting or relying up'on the express provisions of the policy that “no insurance in addition is permitted to this policy unless the total insurance, including this policy, is entered in paragraph above,” (meaning the additional concurrent insurance clause) and declaring the policy to be void if the insured “shall hereafter make or procure” any other Contract of insurance on the property covered unless provided by agreement endorsed on the policy.</p>