Mobile Fire Department Insurance v. Coleman & Collat
Supreme Court of Georgia
Insurance. Evidence. Principal and Agent. New Trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. This was assumpsit upon a policy of insurance by which the defendant contracted to insure the plaintiffs against loss by fire, to the extent of “$1,000.00 on their two-story wooden store,” and “ $3,000.00 on their stock of general merchandise,” etc.
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Insurance. Evidence. Principal and Agent. New Trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1876. This was assumpsit upon a policy of insurance by which the defendant contracted to insure the plaintiffs against loss by fire, to the extent of “$1,000.00 on their two-story wooden store,” and “ $3,000.00 on their stock of general merchandise,” etc. The defendant pleaded, amongst other matters, over-valuation and breach of warranty, fraud and false swearing, and that the building was on leased ground, and the interest of plaintiffs less than the unconditional and sole ownership,…
1Opinion of the Court
Bleckley, Judge.
1. The insured had an insurable interest. That is not disputed. They owned the building for a longer period than the insurance had to run, and were under covenant with their lessor to rebuild, in ease of its destruction. For all purposes of honesty and good faith, as between themselves and the insurance company, they were owner’s. Their application, therefore, was true as far as it ■ went. It did *255not represent what their estate in the building was; nor did the terms of the contract require them to make that disclosure in the application, or elsewhere m writing. If they made it…
2Cases cited1 opinion
- Governor ex rel. House v. Justices of the Inferior CourtSupreme Court of Georgia · 1856
3Cited by15 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
- Preston v. National Life & Accident InsuranceSupreme Court of Georgia · 1943
- Garden State Plaza Corp. v. SS Kresge Co.New Jersey Superior Court Appellate Division · 1963
- Carruth v. Ætna Life InsuranceSupreme Court of Georgia · 1924
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