Lyon v. Commercial Insurance
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. There was a concealment of material facts which greatly increased the risk, and which would have prevented the contract had they been known to the defendants. The omission to state material circumstances, though the result of accident or neglect, will vitiate the policy. A fortiori, where any suppression or misrepresentation has proceeded from a fraudulent purpose.
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Appeal from the Commercial Court of New Orleans, Watts, J. There was a concealment of material facts which greatly increased the risk, and which would have prevented the contract had they been known to the defendants. The omission to state material circumstances, though the result of accident or neglect, will vitiate the policy. A fortiori, where any suppression or misrepresentation has proceeded from a fraudulent purpose. Ellis on Fire Ins. 23. Ratcliffe v. Shoolbred, 1 Park, 270, 7th ed. Carter v. Boehm, 3 Burr. 1905. See 2 Park on Insur. 99, 100, and 2 Peters, 49, 50, as to the facts which…
1Opinion of the CourtMorphy, J.
The plaintiffs seek to recover $15,000, on a policy of insurance against fire on their stock in trade, consisting of *267clothing, hats, &c., in a store, No. 11, Front Levee street. The insurance was effected for one year from the 9th of December, 1839, and the goods insured were destroyed by fire on the morning of the 27th of March, 1840. The defence set up to this claim is, in substance, that before, at the time of, and after the execution of the policy, the plaintiffs withheld from the Company important information material to the risk. The facts alleged to") have been concealed were the names…
2Cases cited1 opinion
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
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- Johnson v. 21 bales, 28 cases of merchandise, and 2708 bars of iron, goods and merchandize, claimed by FalconerUnited States District Court · 1814
- Nowlin v. ReynoldsSupreme Court of Virginia · 1874
- Nowlin v. ReynoldsSupreme Court of Virginia · 1874
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