Mississippi Home Insurance v. Dobbins

Citations

• 81 Miss. 623

Syllabus

<p>Insurance Against Eire. Other insv/ranee. Breach of condition. FaiVu/re to return premium. Estoppel.</p> <p>A fire insurance company is estopped by a failure to return the premium to claim a forfeiture for breach of condition in respect to other insurance without the company’s consent when it appeai-s that under the provisions of the policy the insux-ance might be terminated at any time at the request of the insured, in which case the company should retux-n the customary short rates and that the policy might be terminated at any time, at the option of the company, on tendering a ratable proportion of the premium ; that the defendant’s agent who resided in the same town with the assured, was notified of the loss on the day following; that two days after the loss the px:emium for three years’ insurance was paid; that six hours after such payment, on the same day, during which there had been no change in the condition of the parties, the agent was informed that other insurance had been taken out without the company’s consent, in violation of a condition of the policy ; that he thereupon told the insured that his policy had been forfeited by such additional insurance, bxxt that he would report the matter to the company; that thereafter the insxxred obtained from the agent blanks on which to make, proofs of loss ; that the agent testified that he had full power to cancel the policy without sending it to the company; and that no part of the unearned premium had been returned or offered to be returned.</p>