Mitchell v. Mississippi Home Insurance

Citations

• 72 Miss. 53

Syllabus

<p>l. Fibe Insitbance. Divisible contract. -Iron safe clause. Eixlwes.</p> <p>A policy oí insurance, covering- a stock of g-oocls, also store fixtures and furniture, separately valued, is not entire and indivisible, and, although avoided as to the goods, by failure to observe the iron safe clause, requiring- the books of account and last inventory of the business to be kept in a fire-proof safe, in the absence of fraud, may nevertheless be g-ood as to the furniture and fixtures, as to which such clause does not apply.</p> <p>2. Same. Breach of condition. Knowledge of agent. Waimer. Estopvel.</p> <p>An insurance company cannot set up a breach of such “iron safe clause ” where its ag-ent, when he issued the policy and collected the premium, knew that the insured had no safe, and did not intend to have one, but intended to keep the books of account at the store, as he had been doing.</p> <p>3. Same. Increasing risk. Plea. Evidence insufficient.</p> <p>A plea that the risk has been increased by an unauthorized addition to the building insured, is not sustained by proof alone that the addition brought the building- a few feet nearer certain houses, it not appearing how fai; distant these houses were, and whether the danger of fire was thereby increased.</p>