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WEBB v. WABASH FIRE AND CASUALTY INSURANCE COMPANY

347 S.W.2d 507 (1961)

J. P. WEBB, Appellant, v. WABASH FIRE AND CASUALTY INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

June 9, 1961.

Attorney(s) appearing for the Case

F. Dale Burke, Francis M. Burke, Pikeville, for appellant.

Percy Brown, Jr., Richard F. Newell, Ogden, Brown, Robertson & Marshall, Louisville, Baird & Hays, Pikeville, for appellee.

CLAY, Commissioner.

In a suit on a fire insurance policy summary judgment was rendered for the defendant insurance company on the ground that because of breach of one of the conditions of the policy there was no liability.

The policy contained a "Total Insurance Permit" which limited the allowable insurance on plaintiff's house to $5,000. At the time of the fire plaintiff had insurance coverage totalling $6,000. See Webb v. Stonewall Ins. Co., Ky.,

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