Northern Assurance Co. v. Grand View Building Assn.

Citations

• 183 U.S. 308
• 22 S. Ct. 133
• 46 L. Ed. 213
• 1902 U.S. LEXIS 721

Syllabus

<p>Over insurance by concurrent policies On the same property tends to cause carelessness and fraud; and a clause in a policy rendering it void in cáse other insurance had been or should be made upon the property and not consented to by the insurer, is customary and reasonable.</p> <p>In this case sucha provision was expressly and in unambiguous terms contained, in tire policy sued-on, and it was shown in the proofs of loss fur.nished by the insured, and it was found by the jury, that there was a policy in another company outstanding when the ohe sued upon in this case was issued; and hence the .question in this case is reduced to one of waiver.. •'</p> <p>It is a fundamental rule in courts both of law and equity, that par.pl contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument, unless in cases where the contracts are vitiated by fraud or mutual mistake.</p> <p>Where a policy provides that notice shall be given of any prior or subsequent insurance, otherwise the policy to be void, such a provision is rear sonable, and constitutes a condition', the breach of which will avoid the policy.</p> <p>Where the policy provides that notice of prior or subsequent insurance mus’t be given by indorsement upon tlie policy, or by other writing, such provision Is reasonable and one competent for the parties to agree upon, and constitutes a condition, the breach of which will avoid the policy.</p> <p>Contracts in writing, if in unambiguous terms, must be permitted to speak for themselves, and cannot, by the courts at the instance of one of the parties, be altered or contradicted by parol evidence, unless in case of fraud or mutual mistake of facts, and this principle is applicable to cases of insurance contracts.</p> <p>Provisions contained in fire insurance policies that such a policy shall be void and of no effect if other insurance is placed on the property in other companies without the knowledge and consent of the insuring compa