Wheaton v. North British and Merchantile Insurance
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. \ The action was brought on a policy of fire insurance to recover for a loss by fire. The insured property consisted of certain furniture and fixtures in a bath-h-ouse and saloon, and were by the policy insured respectively for six hundred dollars, three hundred dollars, and two hundred dollars.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. \ The action was brought on a policy of fire insurance to recover for a loss by fire. The insured property consisted of certain furniture and fixtures in a bath-h-ouse and saloon, and were by the policy insured respectively for six hundred dollars, three hundred dollars, and two hundred dollars. The application for the insurance was made out by the local agent for the company, and Mated that the property was respectively valued at nine,hundred dollars, five hundred…
1Opinion of the CourtMcKinstry, J.
In New York Life Insurance Company v. Fletcher, 117 U. S. 519, the insured signed an application for a life policy, containing declarations as to his life and past and present health, warranting the truth of *419such declarations; the application contained the stipulation that inasmuch as only the officers at the home office had authority to determine whether or not a policy should issue on any application, and they acted only on the written statements and representations referred to, no statements or representations made, or information given to the persons soliciting or taking the application…
2Cases cited13 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Insurance Company v. MahoneSupreme Court of the United States · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Steinhart v. County of Los AngelesCalifornia Supreme Court · 2010
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
49 more not listed; retrieve them via the Exa API.