Globe & Rutgers Fire Ins. v. Alaska-Portland Packers' Ass'n

(after stating the facts as above). It is contended that the marine insurance, while it covered the same property and_ insured against the same risk as the policy issued by the plaintiff in error, is not “concurrent” insurance within the permission of the policy issued by the latter, for the reason that the liability is not the same; that while the liability on the fire insurance policies is for all loss, both partial and total, which might occur by fire, the liability under the marine insurance is only for a total loss, and protects against no partial loss, however great it might be; and that fire losses under marine insurance contracts are subject to adjustment only as marine insurance losses are adjusted.

We are brought, therefore, to the question: What is “concurrent insurance,” as those words are used in the contract ? The word “concurrent,” while its primary meaning is “running with,” is used in different senses. It does not appear that in insurance contracts it has any settled, definite, technical meaning. But few insurance cases are reported in which the courts have been called upon to determine its meaning.

The plaintiff in error relies upon New Jersey Rubber Co. v.…