National Union Fire Insurance v. Cubberly

Citations

• 68 Fla. 253
• 67 So. 133

Syllabus

<p>1. In the absence of misrepresentations and fraud where a fire insurance policy covers different classes of property, each of which is separately valued and is insured for a distinct amount, the contract is severable, and a breach of the contract of insurance, that relates to and directly affects only one of the classes of the property insured, does not invalidate the policy as to the other class of property, unless it appears that such was .the intention of the parties; and an intent that, the policy shall be indivisible is not shown by the facts that the premium for all the classes of property insured is payable or paid in gross, and the policy provides that the entire policy shall be void if the contract is violated in any one of several stated particulars by the insured.</p> <p>2. Where the property covered by a policy of insurance consists of different kinds of property, such as realty and personalty, or of different items, such as separate buildings or different articles of personal property, and the different kinds or articles of property aré separately valued, or are insured for separate amounts, and the premium charged is the aggregate of tlie separate premiums to be charged whether in a joint or several policies, the contract is divisible, and a breach of warrant or. condition as to one kind or class of property will not affect the insurance on the remainder of the property.</p>