Ætna Insurance v. Resh

Eesh, who was with his wife in possession of a house granted to him and his wife by the same deed,, obtained insurance on his furniture and other chattels and on the dwelling, describing it as “his frame building, occupied by assured for residence and hotel,” etc.

Being destroyed by fire he made proof of loss, but payment was resisted because he had misdescribed his interest and concealed an incumbrance.

Reference was made in the policy to his written application which was declared to be a warranty, and the policy was to be avoided for any omission to make known a material fact.

In his…