Helbing v. Svea Ins. Co.

Department No. 1, McKinstry, J.:

The fourth clause of the policy contains the following:

“ The application or survey, upon which the issuance of a policy is predicated, shall be considered a part of it, and a warranty by the assured. If the assured, in a written or verbal application for insurance, or by survey, plan, or description, or otherwise, makes any erroneous representation, or omits to make *158known any fact material to the risk, or overvalues the property, * * * then, and in every such case, this policy shall be void.”

And the eighth clause provides:

“Persons sustaining loss or damage by…