Legal Opinion

Foster v. Pioneer Mutual Insurance

Washington Supreme Court

Decided March 3, 1905No. 4860PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Yakima county, Rudkin, J., entered April 8, 1903, upon the verdict of a jury rendered in favor of the plaintiff, in an action upon a policy of fire insurance.

1Opinion of the CourtHadley, J.

This is a suit to recover for loss by fire. The defendant, an insurance company, issued a policy of insurance to plaintiff, covering his dwelling house and personal property therein, including an organ. The written application signed by the insured stated, by way of answers to printed questions therein, that the chimneys and flues of the house were constructed of brick; that the applicant was the sole owner of the land upon which the building stood; and that none of the personal property insured was incumbered by chattel mortgage, bill of sale, pledge, or otherwise. The truth was the flues…

2Cases cited5 opinions

  1. Hart v. Niagara Fire InsuranceWashington Supreme Court · 1894
  2. Mesterman v. Home Mutual InsuranceWashington Supreme Court · 1893
  3. Hall v. Union Central Life InsuranceWashington Supreme Court · 1900
  4. Cole v. Union Central Life InsuranceWashington Supreme Court · 1900
  5. Nixon v. Travellers' InsuranceWashington Supreme Court · 1901

3Cited by9 opinions

  1. People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
  2. Stebbins v. Westchester Fire InsuranceWashington Supreme Court · 1921
  3. Collins v. United States Casualty Co.Supreme Court of North Carolina · 1916
  4. Shultice v. Modern Woodmen of AmericaWashington Supreme Court · 1912
  5. Granville v. American Casualty Co.Washington Supreme Court · 1912

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