DOUBLE INSURANCE. Where divers in surances are made upon the same interest in the same subject against the same risks in favor of the same assured, in proportions ex ceeding the value. 1 Phill. Ins. §§ 359, 366.
See INSURANCE, sub-title, Double Insur ance.
A like excess in one policy is over-Insurance. If the valuation of the whole interest in one policy is double that in another, and haif of the value is in sured in each policy according to the valuation in that policy, It is not a double insurance; its being so or not depends on the aggregate of the propor tions, one-quarter, one-half, etc., insured by each policy, not upon the aggregate of the amounts.
Where the insurance is on the interests of different ,persons, though on the same goods, it is not double insurance; Wells v. Ins. Co., 9 S. & R. (Pa.) 107; nor is it where carrier and shipper each insure; Royster v. Roanoke N. & B. S. B. Co., 26 Fed. 492.
In case of double insurance, the assured may sue upon all the policies and is entitled to judgment upon all, but he is entitled to 'but one satisfaction; therefore, if during the pendency of suits on sev erai policies concerning the same risk and interest, the loss is paid in fuli by one company, the actions against the others must fail, and the insurer paying the loss has a remedy against the other insurers for a proportionate share of the loss. If there be
any doubt as to whether the policies cover the same property or interest, evidence is admissible to show the fact; Wiggin v. Ins. Co., 18 Pick. (Mass.) 145, 29 Am. Dec. 676 ; /Etna Fire Ins. Co. v. Tyler, 16 Wend. (N. Y.) 385, 30 Am. Dec. 90 ; Vose v. Ins. Co., 39 Barb. (N. Y.) 302 ; Peoria Marine & Fire , Ins. Co. v. Lewis, 18 Iii. 553; Stoat v. Ins. Co., 49 Pa. 14, 88 Am. Dec. 477; Merrick v. Ins. Co., 54 Pa. 277 ; May, Ins. § 13.
The question of double insurance does not generally arise in life insurance, as there is no fixed value to the life, and the person in each case is to pay a fixed sum without re gard to other insurance. But where the insurable interest has an ascertainable value the question may arise, as where two poli cies are taken out in different offices, by a creditor, on the life of a debtor, and for the same debt. Then only the value of the in terest can be recovered and the amount re covered on the first policy is to be deducted from the amount payable on the Second; May, Ins. § 440. See INSURANCE.