Erman v. Sun Mutual Insurance
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. If'there is a discrepancy between the statement of loss and the statement testified to at the trial, it does not thereby follow that the claimant has been guilty of fraud or false swearing, for the statements made in the proof of loss may have been honestly, though erroneously made. 14 Wal. 375; 3 Bis. 106 ¡ 4 Daly, 96 • 43 Barber, 400; 50 HI. 120. 2. Swearing must not only be false, but it must be…
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. If'there is a discrepancy between the statement of loss and the statement testified to at the trial, it does not thereby follow that the claimant has been guilty of fraud or false swearing, for the statements made in the proof of loss may have been honestly, though erroneously made. 14 Wal. 375; 3 Bis. 106 ¡ 4 Daly, 96 • 43 Barber, 400; 50 HI. 120. 2. Swearing must not only be false, but it must be wilfully and knowingly done, with intent to cheat the Company. 43 Pa. 350.
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
The suit is for the recovery of $1,437.57, alleged damage to a stock of goods and house at Morgan City, occasioned by fire on April 2, 1881. Besides the general issue, the defendant pleads in bar the forfeiture of all claim under the policy by reason of fraud and false swearing.
The false swearing that works a forfeiture of all claims under a policy of insurance is not a discrepancy, even if it be material, between the statements of the assured under oath in his proof of loss, and those made at the trial; nor an over-statement of the value of…
2Cases cited1 opinion
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
3Cited by5 opinions
- Garnier v. Aetna Ins. Co. of Hartford, Conn.Supreme Court of Louisiana · 1935
- Strauss v. Insurance Co. of North AmericaSupreme Court of Louisiana · 1925
- Sbisa v. American Equitable Assur. Co.Supreme Court of Louisiana · 1942
- Dunn v. Springfield Fire & Marine Ins.Supreme Court of Louisiana · 1902
- National Mutual Insurance v. BalesIndiana Court of Appeals · 1923