Ralph Wolff & Sons v. New Zealand Ins. Company

248 Ky. 304, 58 S.W.2d 623 (1933)

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Nature of the Case

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Facts

Ralph Wolff & Sons (P) had a fire in their candy factory. They had twelve insurance policies on the property for a total sum of $19,500. P sued to recover on the policies. P consolidated suits against nine of their insurers on as many policies for an aggregate of $14,500 in claims. The jury returned a verdict for $2,500. Judgment was rendered for the fractional part of the total coverage ((14,500/19500) x 2500 = $1858.97)). P then sued two other insurers (D) for $1,000. D claimed that P was estopped by the first judgment and that their liability was only (1000/19500) x 2500 = 128.21.