Cassity v. New Orleans Insurance

Citations

• 65 Miss. 49

Syllabus

<p>Fire Insurance. Construction of provision in relation to pro rating loss. Case in , iudyment.</p> <p>C. insured a stock of goods with company H, the policy containing a stipulation forbidding subsequent insurance without notice. C. insured the goods subsequently with company N., but failed to notify company II. This second policy contained a provision as follows: “ The assured shall not be entitles to recover of this association any greater proportion of the loss or damage than the amount hereby insured bears co the whole sum insured on said property, whether such other insurance be by specific or by general or floating policies, and without reference to the solvency or liability of other insurers.” The goods were destroyed by fire, and company H. denied all liability on its policy, C. then sought to recover the whole amount of loss from company N. Held, that under the provision cited above, company N. was entitled to have the amount of its liability fixed by pro rating with the policy of comp?ny H., whether the latter were liable thereon or not.</p>