74 F. 203 | 8th Cir. | 1896
Edward S. Page and Charlea H. Page, co-partners as Page Bros., ihe plaintiffs in emir, were the owners of lumber, lath, and shingles of the value of $50,05)0.52, situated on two blocks in the city of Anoka, Minn. That portion of this property situated on ihe easterly of these blocks was worth $16,727.-0(5, and that portion of this property situated on the westerly of these blocks was worth $42,368.46. On November 10, 1893, a fire caused a loss of $30,982.02 on that portion of their property situated-on the westerly block, but caused no damage or loss upon the property situated on the easterly block. At the time of this lire the plaintiffs in error held policies of insurance to the amount of $40,000 on this entire property situated on both blocks, and policies to the amount of 810,000 upon (hat portion of this property situated on the westerly block. One of the latter policies, for the amount of $2,500, was issued by the Hun Insurance Office, the defendant in error. This policy contains this provision:
“This company shall not bo liable under this policy for a greater proportion of any loss on the described property * « * than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property."’
Upon this state of fads the court: below held', in an action upon this policy, that both the $10,000 insurance on the property on the westerly block only, and the entire $40,000 insurance upon all the property on both blocks, covered the; property situated on the westerly block and described in this policy, and that the plaintiffs in error could recover only 2r>0%oooo of the amount of the loss on this policy, which is $1,549.10. Judgment was accordingly entered
The result Is that, under a danse in a policy of insurance which provides that the company shall not he liable for a greater proportion of any loss on the property described therein than that which the amount insured thereby shall bear to the whole insurance covering such property: First. Compound policies insuring the properly described in such a policy, and other property, cover the property so described, to their full amount, in case of a loss upon the property described in the specific policy, and no loss on the other property described in the compound policies. Second. In such a case the company issuing1 the specific policy is liable for no greater proportion of the loss than that which the amount of such policy hears to the total amount of both the compound and specific policies covering lhe property it describes. Merrick v. Insurance Co., 54 Pa. St. 277, 281, 282, 284. The judgment below is affirmed, with costs.