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· 10/15/1902

Mississippi Fire Ass'n v. Dobbins

Citations

  • 81 Miss. 630

Syllabus

<p>Fire Insurance. Breach, of condition. Return of premium.' Waiver.</p> <p>A fire insurance company, which after loss receives the full premium and without returning any part of the same, defends on the ground of a forfeiture for breach condition as to other insurance taken without its consent, is liable under a policy providing that the company should return the unearned premium if either party should cancel the policy and that if the policy should be canceled or become void, the unearned premium should be returned, the company retaining the customary short rates, except that when the policy should be canceled by the company by giving notice it should retain only a pro rata premium.</p>

Judges: Whitfield

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