American Insurance Company v. Kelley ( 1959 )

On Motion for Rehearing

CULVER, Justice.

In its motion for rehearing petitioner interprets our opinion as holding that the second policy, namely, that issued by The Home Insurance Company, was “invalid and void from its inception.” We did not so conclude. We used the term “invalid” in the sense of “unenforceable.” We do not hold that the Home policy was void ab initio nor that if the American policy had lapsed or been cancelled prior to the loss that recovery could not have been had upon the Home policy. We do hold that inasmuch as there was a prior valid policy issued by American that no recovery could have been enforced against Home Insurance Company on its policy issued subsequently and while the American policy was in force and effect.

Petitioner’s motion is overruled.