Wood v. Hartford Fire Insurance Co.
Supreme Court of Connecticut
This was an action on a policy ^insurance against loss or damage by fire, to the amount of 5000 dollars, on the one undivided half of the paper-mill owned by the plaintiff, in Westville, in New-Haven, together with one half of the machinery, gearing, &c., from the 11th of February, 1837, to the 11th of February, 1838. The policy declared on was executed and delivered to the plaintiffs, by the defendants, in their corporate capacity, as a|jegecj jn tjie declaration.
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This was an action on a policy ^insurance against loss or damage by fire, to the amount of 5000 dollars, on the one undivided half of the paper-mill owned by the plaintiff, in Westville, in New-Haven, together with one half of the machinery, gearing, &c., from the 11th of February, 1837, to the 11th of February, 1838. The policy declared on was executed and delivered to the plaintiffs, by the defendants, in their corporate capacity, as a|jegecj jn tjie declaration. It was in the usual form, and contained the following provisions : « And it is agreed and declared, to be the true intent and » ,…
1Opinion of the CourtShehmaiv, J.
It is not necessary to advert to all the points which have been discussed in this case, by the learned what constitutes a The general rule in regard to counsel. warranty, in a contract of insurance, is well settled. Any statement or description, or any undertaking bn the part of the insured, on the face of the policy, which relates to the risk, is a warranty. Whether this is declared to be a warranty lotidem verbis, or is ascertained to be such, by construction, is immaterial. In either case, it is an express warranty, and a condition precedent. If a house be insured against fire, and is…
2Cited by18 opinions
- Boyer v. United States Fidelity & Guaranty Co.California Supreme Court · 1929
- McKenzie v. Scottish Union & National InsuranceCalifornia Supreme Court · 1896
- Texas Banking & Insurance v. StoneTexas Supreme Court · 1878
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Port Blakely Mill Co. v. Springfield Fire & Marine InsuranceWashington Supreme Court · 1910
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