Collum v. National Fire Insurance

Plaintiff made no written application for the insurance, nor did he at any time or in any manner represent to the agent that he was the absolute and unconditional owner of the truck or that it was unincumbered. The words “No exceptions,” following the recital “The automobile described is fully paid for by the insured and is not mortgaged or otherwise incumbered, except as follows,” were written in by the agent upon his own responsibility. The insured never read the policy and did not know that the same included the above warranty. It is claimed by the defendant that the insured was required…