McPherson Mercantile Co. v. Reliance Insurance

Citations

• 101 Kan. 522
• 168 P. 323
• 1917 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance Policy — Mistake in Amount of “Concurrent Insurance” Permitted — Reformation of Policy. When the agent of the insurer issuing a policy containing the standard clause against concurrent insurance, unless by agreement added or indorsed, knows that the insured has and will desire to carry other insurance on the property and instead of agreeing with him as to a limit such agent without the knowledge or consent of the insured attaches a slip fixing a limit, the policy should be construed and if necessary deemed reformed so as to provide generally for additional concurrent insurance.</p> <p>2. Same. A policy containing, or deemed reformed so as to contain, such general clause precludes the defense that subsequent insurance was taken out without notification to the insurer, such general clause importing until withdrawn a continuing consent to additional concurrent insurance.</p>