HOWARD v. RELIANCE INSURANCE CO. OF PHILADELPHIA


347 S.W.2d 508 (1961)

Mace HOWARD et al., Appellants, v. RELIANCE INSURANCE COMPANY OF PHILADELPHIA, Appellee.

Court of Appeals of Kentucky.

June 9, 1961.


Attorney(s) appearing for the Case

Mann & Mann, Marcus Mann, Salyersville, for appellant.

H. R. Wilhoit, Grayson, Earl R. Cooper, Salyersville, for appellee.


CLAY, Commissioner.

This is a suit on a $3,000 fire insurance policy, which was successfully defended on the ground that at the time of the loss appellants had other insurance on their dwelling in violation of the terms of the policy.

Prior to 1955 appellants had insured their property for $2500 with the Canadian Fire Insurance Company. On February 26, 1955 they procured a $3,000 policy from appellee. This policy provided:

"Other Insurance:

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