Scottish Union & National Insurance v. Enslie

Mississippi Supreme Court October 15, 1900

Scottish Union & National Insurance v. Enslie, 78 Miss. 157 (Miss. 1900)

Calhoon

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The policy of fire insurance here is payable, in case of loss, *162“to Southern Home Building and Loan Association of Atlanta, Ga., as its interest may appear; balance to assured. ’ ’ The interest of the association, the mortgagee of Enslie, having been paid, she had a right of action in her own name at law for any balance. It has been repeatedly and recently held that the-clause in policies limiting the time for suit may be waived by representing that the company will pay without suit and requests not to sue. Galloway v. Insurance Co., 45 W. Va., 237, s.c. 31 S. E., 969, and cases cited; Metcalf v. Insurance Co., 21 R. I., 307, s.c. 43 Atl., 541. Such clauses are for-the insurer’s benefit, and are strictly construed to prevent forfeiture. We approve the doctrine of these cases, and, as this record shows evidence of such waiver, we will not disturb the-finding of the jury.

The policy was issued after the act of 1894 (laws 1894, p. 51), and insurers cannot deny that the value of the property was that upon which the insurance is calculated, nor can they deny that the amount of the policy was but three-fourths of' the valuation; and all companies, foreign and domestic, are-bound by it. If they take a risk in Mississippi, her laws and public policy for the protection of her people must govern, and, it is not to be tolerated that they may escape, by any law of the-place of the issuance of the policy, the law, of this state as to-the three-quarter clause. This law is to protect our citizens.

Affirmed..

Reference

Full Case Name: Scottish Union and National Insurance Company v. Bridget Enslie
Cited By: 1 case
Status: Published
Syllabus: 1. Fire Insurance. Mortgagor and mortgagee. Suit. Where a policy of fire insurance is issued payable to the mortgagee “ as his interest may appear, ” balance to the mortgagor, the latter may, in case of loss, after the insurer has paid the sum due on the mortgage debt, maintain an action at law on the policy in his own name for the balance. S. Same. Policy. Limited time for suit. Waimer. Construction. A clause in a fire insurance policy limiting the time for suit is waived by requests for forbearance of suit and representations of' the insurer that the company will pay without suit. Such clauses are for the benefit of the insurer, and are to be strictly construed to prevent forfeitures. 3. Same. Laws 1894, p. 51. Laws 1896, p. 68. Valued policy law. Public policy. As to risks taken on property in this state, the valued policy law (laws 1894, p. 51; amended, laws 1896, p. 68) determines the quantum of recovery, whether the defendant be a foreign or domestic insurance company, and no matter' where the policy is issued, said law being that of the forum and designed to protect policy holders in this state. 4. Same. VaVue of properly. Estoppel. In suits on fire insurance policies on property in this state, issued after the adoption of the act of 1894 (laws 1894, p. 51), known as the valued policy law; the insurer is precluded from denying the value of the property to be that on which the insurance was calculated. 5. Same. Three-fourths clause. In suits on fire insurance policies on property in this state, issued ■ after the adoption of the valued policy law (laws 1894, p. 51; amended, laws 1896, p. 68). where the policy contains what is known as the three-fourths clause, the insurer is precluded from denying- that the amount of the policy was but three-fourths the value of the property.