Keyes

Keyes v. Northwestern Nat. Ins. Co. of Milwaukee

Good Law
16 F.2d 798·1924 U.S. Dist. LEXIS 1374
United States District Court, Southern District of CaliforniaApril 2, 1924No. 1250-JCalifornia1,027 words

Opinion

Lead Opinion

James, J.

This an action at law, brought to recover on two policies of fire insurance, one dated April 1, 1921, for the amount of $3,000, and the second dated January 25, 1922, for $2,000! Each policy was for the term of three years, and both covered the same property, which was described as a “two-story-roof frame building, and its additions,” etc.; it being stated on the face of each policy that the insurance was to cover the property “while occupied only for dwelling house purposes.” The body of the policies contained the statement that the same were made and accepted subject to the “foregoing stipulations and conditions and those hereinafter stated, which are hereby specially referred to, and made part of this policy, * * • and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except by writing indorsed hereon or added hereto.”

Among the conditions attached, and under the title “Matters Suspending Insurance” there was stated: “Unless otherwise provided by agreement indorsed hereon or added hereto, this company shall not be liable for loss or damage occurring (a) while the hazard be materially increased by any…

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