Dale v. Mutual Fire Insurance

Opinion by

Mr. Justice Jones,

The question in this case is whether the insured plaintiff’s admitted breach of Ms promissory warranty contained in a policy of fire insurance barred a recovery on the policy when the breach was not subsist*472ing at the time a fire occurred and was not the proximate cause of the loss.

The defendant company issued its policy of insurance to the plaintiff, Dale, for a term of one year from date of issue. By the terms of the contract, the company agreed to indemnify the insured for damage by fire to his barn and various other farm buildings. During the term of the…