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Locey v. American Central Insurance

2 Cal. Unrep. 712 Court Cal. Decision date 1886-09-16 Docket No. 11,548 English

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p. 712
LOCEY v. AMERICAN CENT. INS. CO. SAME v. PACIFIC FIRE INS. CO. SAME v. HARTFORD FIRE INS. CO.
No. 11,548;
September 16, 1886.
11 Pac. 791.

Headnote

Fire Insurance—Other Insurance—Waiver of Notice.—Evidence held to fail to show a waiver of notice of other insurance, or any act working an estoppel from asserting want of such notice, on defendants’ part.
These were actions brought by the appellant to recover on certain fire insurance policies issued by the respondents. The respondents set up as a defense that the plaintiff had, in violation of the terms of his policies, insured his premises in more than one company, without consent.
Grove L. Johnson and Freeman, Johnson & Bates for plaintiff and appellant; T. C. Van Ness and Gray & Haven for defendants and respondents.

These three cases are embraced within one appeal. The court below was justified in granting the nonsuits. The evidence failed to show a waiver by the defendants of notice of other insurance and failed to show any act by which the defendants would be estopped from asserting want of such notice.

The orders denying motions for new trial are affirmed.