Darden v. Liverpool & London & Globe Insurance

Citations

• 109 Miss. 501
• 68 So. 485

Syllabus

<p>1. Insurance. Fire policy. Valued clause. Agreements. *,Statutes.</p> <p>Under Laws 1912, chapter 224, providing that when real property, or buildings, or household or kitchen' furniture insured against fire and situated within the .state, are totally destroyed by fire, the company shall not be permitted to deny that it was worth the full value upon which the insurance was calculated, and that no insurance company or agent shall be permitted to insert in or attach to such policy a coinsurance dause, three-quarter valuation clause, or other like clause; it is lawful for an insurance company to write a so-called “schedule policy,” covering both insurable realty and personalty, and attach a three-fourths value clause, with an express stipulation confining the application of the latter to the items of personalty listed and valued under separate heads, and in items separate and entirely distinct from the items of insurable realty, also separately listed and valued in the policy.</p> <p>2. Fire Insurance. Policies. Agreements.</p> <p>It is contrary to the plain intent of section 2592, Code, 1906, as amended by Laws 1912, chapter 224, and contrary to public policy and void, for the parties to a fire insurance policy to attempt by special agreement to fix the legal status of portions of the property insured, that is, to determine absolutely and conclusively, by agreement the question as to whether certain property was real estate or personalty, so as to subject it to the three-fourths valuation clause. ■</p>