Pollard v. Fidelity Fire Ins.
South Dakota Supreme Court
Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action upon certain policies of fire insurance. . Judgment for plaintiff. Defendant appeals. The material facts are fully stated in the opinion. The agreements in the policies sued upon “That any omission to make known every fact material to the risk or any misrepresentation whatever should render the policies void,” should be construed and enfored as other private contracts. Pindar v. Ins.
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Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action upon certain policies of fire insurance. . Judgment for plaintiff. Defendant appeals. The material facts are fully stated in the opinion. The agreements in the policies sued upon “That any omission to make known every fact material to the risk or any misrepresentation whatever should render the policies void,” should be construed and enfored as other private contracts. Pindar v. Ins. Co. 47 N. Y. 119; Lee v. Ins. Co. 3 Gray 592. The failure of the plaintiff to state his true name was an omission to state a fact…
1Opinion of the CourtKellam, J.
This is an action upon four separate policies of insurance issued to the plaintiff, two of which were issued by the defendant, and two by the Dakota Mutual Insurance Company, which were reissued by the defendant, upon a stock of goods of the plaintiff in the city of Dell Rapids in this state, destroyed by fire. The case Was tried by a referee, who found the facts and law in favor of the plaintiff. The findings of the referee and his conclusions of law were confirmed by the court, and judgment was thereupon rendered in favor of the plaintiff, and from this judgment the defendant appeals to…
2Cases cited1 opinion
- Myers v. MitchellSouth Dakota Supreme Court · 1890