Fidelity & Casualty Co. v. King

This is a suit to cancel a public liability insurance policy issued by the plaintiff to the defendant and covering certain premises on Hastings street in Detroit. The reason urged for cancel-, lation is a false statement or declaration in the policy as follows :

‘ ‘ 9. The insured has not had any similar insurance canceled or declined by any insurance company within the last 12 months, except as follows: NO EXCEPTIONS.”

The fact that the defendant had had similar insurance cancelled or declined within 12 months is not disputed. After hearing’, a decree was entered dismissing the bill of…