Barkley v. National Security Fire & Casualty Co.

Shulman, Presiding Judge.

Shortly after appellee issued a policy of fire insurance covering a dwelling appellant claimed to own, a fire destroyed the dwelling. Appellee refused to pay any benefits under the policy and filed an action for declaratory judgment contending that appellant had voided the policy by misrepresenting that he had full unconditional ownership of the dwelling. That contention was based on a warranty deed recorded some ten months before the application for the policy was executed. Appellant was the grantor in the deed which recited consideration and delivery and purported…