Sun Mutual Insurance v. Searles

Citations

• 73 Miss. 62

Syllabus

<p>1. Fire Insurance. Iron safe clause. Wci/rehouse booh not included..</p> <p>The warehouse book of a wholesale merchant, that is not kept at the office where the set of books relating to his business are kept, but at his warehouse, in another part of the town, and used and designed as a check upon the employee in charge of the warehouse, is not a part of the complete set of books required to be kept by the terms of a policy of insurance, and also required to be securely locked in a fireproof safe at night.</p> <p>2. Proof of Loss. Waiver.</p> <p>An insurance company will be treated as having waived proof of loss where its adjuster, after the fire, takes all the books and papers of the assured for examination, and, after investigating the same, states the amount to be much less than that claimed’ by the assured, but offers to the assured a compromise, and on the rejection thereof, denies all liability on the policy. Insurcmee Go. v. Bowdre, 67 Miss., 630; Mathews v. N. O. Ins. Assn., 65 lb., 301; Insurance Co. v. Sheffy, 71 Miss., 727; Insurcmee Co. v. Gibson, 72 Miss., 58.</p> <p>3. Privilege Tax License. Sufficient at date 'of license, but not at time of effecting insurcmee. Code 1892, § 3390.</p> <p>Where a merchant has paid the proper privilege tax, but between that date and the date of effecting the insurance of his stock of merchandise, the same has so increased in value as to exceed the limit covered by the license, his business becomes one carried on in violation of law, and the contract of insurance, being one made in reference to the business, is void. Code 1892, g 3390; Sneed v. Insurance Go.. 72 Miss., 51, distinguished.</p> <p>4. Same. Instructions.</p> <p>In a suit upon the policy, where it is doubtful upon the evidence whether the stock of merchandise has been so increased in value between the date of the license and the issuance of the policy, an instruction for the plaintiff is erroneous that limits the inquiry of the jury to an ascertainment of th