Germania Fire Insurance v. Klewer

Citations

• 129 Ill. 599
• 22 N.E. 489

Syllabus

<p>1. Insurance—condition as to other insurance—what essential to the condition. There can be no existing insurance on property, within the meaning of a clause in a contract of insurance that such insurance shall render the policy void, unless such other insurance is valid and in full force, and capable of being legally enforced in case of loss.</p> <p>2. If one takes a policy of insurance containing a provision that it shall be void in case of other insurance on the same property without consent indorsed upon the policy, and at the same time the assured has another policy on the property, not assented to by indorsement on the later policy, this will render the last policy inoperative so long as the prior policy is in force; but the later policy will attach and become operative on the expiration of the prior policy.</p> <p>3. Same—premises left vacant and unoccupied—waiver of condition— evidence on the question of waiver. A provision in a policy of insurance against fire, that it shall become void in case the premises shall be left vacant or unoccupied, does not render the policy absolutely void upon the happening of such event. Such provision is made for the benefit of the insurer, and if he does not elect to avail of the breach of the condition, but waives the forfeiture, neither the assured nor third parties can treat the insurance as void.</p> <p>4. Where an insurance company seeks to avoid its liability for a loss on the ground that the assured has another valid existing insurance upon the same property, not assented to by the defendant company, and the assured contends that such other policy has been forfeited by reason of allowing the premises to remain vacant and unoccupied, which vacancy is shown, the burden of proof will devolve upon the defendant company to show, if such is claimed to be the fact, that the other company had waived the right to avoid its policy. But very slight evidence of this fact will be sufficient.</p> <p>5. In such case, a letter of t