[Download] "Graham v. American Eagle Fire Ins. Co." by United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Graham v. American Eagle Fire Ins. Co.
- Author : United States Court of Appeals
- Release Date : January 29, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal from judgments for defendants on policies of fire insurance. The policies covered a building owned by plaintiffs, husband and wife, which was totally destroyed by fire. The only defense was that plaintiffs had procured additional insurance on the property in excess of that permitted by indorsements attached to the policies. Plaintiffs admitted the additional insurance but pleaded that defendants had notice thereof. The case was submitted to a jury who found in favor of defendants. After verdict, plaintiffs moved for judgment notwithstanding the verdict for a partial recovery on the policies in suit on two grounds: (1) that the taking of the additional insurance did not defeat the right to recover on the policies but merely limited the recovery in the proportion that the amount of insurance permitted bore to the total amount of insurance or 50%; and (2) that, since the additional insurance was taken in the name of the husband to cover his interest in the insured property, only his interest in the policies was avoided thereby, and that the wife should have judgment for one-half the face of the policies as covering her interest. The judge below held against plaintiffs on both grounds and they have appealed.