Mississippi Fire Ass'n v. Dobbins

Mississippi Supreme Court
Mississippi Fire Ass'n v. Dobbins, 81 Miss. 630 (Miss. 1902)
Whitfield

Mississippi Fire Ass'n v. Dobbins

Opinion of the Court

Whitfield; C. J.,

delivered the opinion of the court.

It is perfectly manifest that the judgment in this case is correct, from the very terms of the contract as to cancellation. The policy is much broader than the one in the case of Mississippi Home Ins. Co. v. Dobbins (this day de*632cided), 33 So., 504, and to the opinion in which case reference is made, in respect to the duty of the appellant to return the unearned premium. Here the policy not only requires the appellant to return the unearned part of the premium in case either party cancels, as either might, but expressly provides, ‘ ‘ If this policy shall be canceled, as hereinbefore provided, or become void, or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy, or last renewal; this -company retaining the customary short rates, except that, when this policy is canceled by this company by giving notice, it- shall retain only pro rata premiums. ’ ’ The appellant, instead of conforming to the terms of the contract, says the policy is void, and yet holds onto all the premium. See authorities cited in Home Insurance Co. v. Dobbins—specially Joyce on Insurance, vol. 3, sec. 2486, and Schreiber v. German-American Hail Ins. Co., 43 Minn., 368, 45 N. W., 708.

Affirmed.

Reference

Full Case Name
Mississippi Fire Association v. William H. Dobbins
Cited By
5 cases
Status
Published
Syllabus
Fire Insurance. Breach, of condition. Return of premium.' Waiver. A fire insurance company, which after loss receives the full premium and without returning any part of the same, defends on the ground of a forfeiture for breach condition as to other insurance taken without its consent, is liable under a policy providing that the company should return the unearned premium if either party should cancel the policy and that if the policy should be canceled or become void, the unearned premium should be returned, the company retaining the customary short rates, except that when the policy should be canceled by the company by giving notice it should retain only a pro rata premium.