Leach v. Republic Fire Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance against fire. Facts found by a referee. The plaintiff bad an estate for the life of another in the buildings insured, but, contrary to the provisions of tlie policy requiring an accurate statement of title, the interest of the plaintiff was described as entire ownership o£ tlie property. There was no fraud in making the statement, and tlio defendants’ agent knew tlie actual state of the title.
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Assumpsit, on a policy of insurance against fire. Facts found by a referee. The plaintiff bad an estate for the life of another in the buildings insured, but, contrary to the provisions of tlie policy requiring an accurate statement of title, the interest of the plaintiff was described as entire ownership o£ tlie property. There was no fraud in making the statement, and tlio defendants’ agent knew tlie actual state of the title. A condition of tlie policy was, that all fraud or attempt at fraud, by false swearing or otherwise, should cause a forfeiture of the claim under tlie policy. Tlie…
1Opinion of the CourtAllen, J.
The omission of the plaintiff to state truly his title to the property insured was not wilful and fraudulent, and did not avoid the policy. Gen. St., c. 157, s. 2; Tuck v. Hartford F. I. Co., 56 N. H. 326. The defendants’ agent, at the time the insurance was' written, had knowledge of the true state of the title, and this was a waiver by the defendants of the condition in the policy making a misstatement of title a ground of forfeiture. Gen. St., c. 157, s. 3; Patten v. Ins. Co., 40 N. H. 375; Marshall v. Ins. Co., 27 N. H. 157; Campbell v. Ins. Co., 37 N. H. 35.
The over-valuation, under…
2Cases cited4 opinions
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Trott v. City Ins. Co.U.S. Circuit Court for the District of Maine · 1860
- Wall v. Howard InsuranceSupreme Judicial Court of Maine · 1862
- Harding v. RandallSupreme Judicial Court of Maine · 1839
3Cited by3 opinions
- Phoenix Insurance Company v. BrownCourt of Appeals of Tennessee · 1964
- Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
- State Farm Fire and Casualty Company v. P. W. HerronCourt of Appeals for the Fourth Circuit · 1959