Hartford Fire Insurance v. Hollis

Citations

• 64 Fla. 89

Syllabus

<p>1. Where a plea is held by the Supreme Court to be a defense to an action, a demurrer thereto should not afterwards be sustained by the trial court in the second trial of the action.</p> <p>2. Where a plea is a good defense to a divisible portion of the action a demurrer thereto should not be sustained.</p> <p>3. In the absence of misrepresentations and fraud where a fire insurance policy covers different classes of property, each of which is separately valued and is insured for a distinct amount, the contract is severable, and a breach of the contract of insurance that relates to and directly affects only 'one of the classes of the property insured, does not invalidate the policy as to the other class of property, unless it appears that such was the intention of the parties; and an intent that the policy shall be indivisible is not shown by the facts that the premium for all the classes of property insured is payable or paid in gross, and the policy provides that the entire policy shall be void if the contract is violated in any one of several stated particulars by the insured.</p> <p>4. Where an insurance policy covers a stated amount of insurance on merchandise in a certain building and another stated amount on the building, the contract may be divisible even though the premium is paid in gross and the policy provides that in case of breach by the insured the entire policy shall be void, where the breach by the insured does not involve fraud or misrepresentations.</p>