Philadelphia Underwriters, Insurance Co. of North America v. Bigelow

Citations

• 48 Fla. 105

Syllabus

<p>1. Where the burden of proof is on the plaintiffs, and, on the issues made, the evidence is not legally sufficient to sustain a judgment for the plaintiffs, and a judgment for the defendants is rendered, the trial court is not justified in granting a new trial on the ground that the findings of fact upon which the judgment was rendered were contrary to the evidence or not supported thereby.</p> <p>2. If an agent who issues an insurance policy containing provisions as to other insurance on the property knows of the existence of a policy giving other insurance on the property, and such knowledge of the agent is a waiver by the company of the provisions of its policy relating to other insurance as to the policy of which the agent has knowledge, there is no waiver as to a policy of the existence of which it is not shown that the agent had any knowledge.</p> <p>3. Where a policy of insurance contains the following among its provisions: “This entire policy unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance whether valid or not, on property covered in whole or in part by this policy,” Held: that the words and characters “$-x-Total concurrent insurance permitted,” contained on a slip attached to the policy, do not of themselves give permission for any additional insurance, that they are not an endorsement of an agreement for other insurance, and that they are not a waiver of the provisions of the policy as to other insurance.</p> <p>4. Where the answer “yes,” to the question “are the policies concurrent?” is given in a daily report of the agent to insurance companies when an insurance policy is issued, Held: that the said answer did not of itself, nor when taken iri connection with other portions of the particular report, convey to the companies information that other policies of insurance on the property were in existence.</p> <p>5. Where upon an