Aetna Insurance v. Heidelberg

Citations

• 112 Miss. 46
• 72 So. 852

Syllabus

<p>1. Insurance. Validity of contract. Use of property. Household goods. Valuation. Statute. Items.</p> <p>Where a furniture dealer sold and delivered household furniture with a reservation of title to a woman who kept a house of ill fame and thereupon took out a policy of fire insurance to protect his interest in the same, and afterwards took back the furniture under his reserved title and turned it over to another party who left the property in the house in which it was insured under the care of a watchman, and the furniture was burned. In such case the contract of insurance was not vitiated by the fact that the purchaser of the furnitur.e kept a house of ill fame, -since the premium paid by the insurer as a consideration of the contract was not connected with such use of the furniture.</p> <p>2. Insueance. Household goods. Valuation. Statute.</p> <p>Where the contract of insurance expressly insured the property as household furniture, and the various articles had been severed from the stock of the insured and delivered to the purchaser, put in order and were actually being used as household furniture they must be so classed. In such case the valued policy law applied and the insurer having the right of inspection when the insurance was written, could not show, that the actual cash value of the property was worth less than the amount of the insurance.</p> <p>8. Insurance. Household goods. Valuation. Items.</p> <p>Under such contract where certain articles of furniture were sold by the insured after the taking out of the policy, directly to the purchaser to whom he had sold the rest of the furniture, after retaking it under his reserved title, and as to which no in-dorsement was made on the policy, so as to expressly include them, such last articles of furniture were not covered by the policy.</p>