Ætna Live Stock, Fire & Tornado Insurance v. Olmstead
Michigan Supreme Court
Error to Wayne Circuit. This was an action upon a policy of insurance, brought in the Circuit Court for the County of Wayne, by Jay Olmstead, against the ¿Etna Live Stock, Eire and Tornado Insurance Company. The plaintiff declared specially upon the policy, and averred the loss in the usual form. The defendant pleaded the general issue, and gave- notice that it would prove that a wai’ranty in the application, as ’ to incumbrances, was false.
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Error to Wayne Circuit. This was an action upon a policy of insurance, brought in the Circuit Court for the County of Wayne, by Jay Olmstead, against the ¿Etna Live Stock, Eire and Tornado Insurance Company. The plaintiff declared specially upon the policy, and averred the loss in the usual form. The defendant pleaded the general issue, and gave- notice that it would prove that a wai’ranty in the application, as ’ to incumbrances, was false. The alleged warranty was con-tamed in the answer to the ninth interrogatory of the application, and was in the following words: “ 9. Incumbrance. — If…
1Opinion of the CourtCooley, J.
Olmstead recovered judgment in the Court below upon a policy of insurance issued by the plaintiffs in error, and by which they insured him against loss by fire on his hotel and the furniture therein, and hotel-barn, in the village of Lyons. A loss having occurred, the insurers refused to pay on the ground of a breach of warranty by the insured, which, by the terms of the policy, rendered that instrument void.
It appears that by the policy, it was expressly provided that “if an application, survey, plan or description of the property, herein insured, is referred to in this policy, such…
2Cited by32 opinions
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