Rathblott v. Royal Indemnity Co.

Opinion by

Mr. Justice Linn,

This is a suit on a burglary insurance policy. Plaintiff made out a prima facie case by reading into the record from his statement of claim averments not denied in the affidavit of defense. Defendant had there alleged that plaintiff had executed a written application containing “certain statements and representations” that were “embodied in the schedule attached to and forming part of the policy” which was “conditioned upon and was issued by the defendant in reliance upon the truth of” the statements; that one statement (quoted later) was false, and, in consequence,…