Lovett v. National Fire Insurance

Citations

• 99 Kan. 759
• 162 P. 1162

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fire Insurance — “Other Insurance” Prohibited — Misdescription of Premises■ — Mutual Mistake — Loss Recoverable. In ail action on a fire insurance policy covering a barn situated on a farm the defense ■ was, other 'insurance taken without notice to defendant contrary to the terms of the policy. The evidence showed, and by a general verdict the jury found, that through the mutual mistake of plaintiff and the local agent of the other .company a policy was issued covering the barn in question, when it was intended by both parties to renew an expiring policy in the other company on a barn of the plaintiff situated in the city where he resided. Held, that the fact that in the application for renewal the plaintiff wrote the description of the property situated on the farm, and after the loss occurred notified the other company and sent a verified proof of loss before he discovered the mistake, would not estop him to show the intention of himself and the company, and the fact that he made proof under the policy would not amount to an election to treat'the policy as valid or bar his right to recover from defendant, these facts and circumstances being submitted to the jury to consider with all the evidence in determining the actual intention of the parties when the policy was issued.</p>