Mutual Fire Insurance v. Deale
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. Covenant, brought the 12th of November 1855, bjr the appellee against the appellant, on a policy of insurance issued and dated the 22nd of April 1852, insuring the plaintiff against loss or damage by fire to the amount of $2300, on a frame dwelling, &c., “as per application.” ' In the application the plaintiff offered for insurance “his property” on Rhode River, in Anne Arundel county, and also assented to the charter,…
Read the full summary
Appeal from the Circuit Court for Anne Arundel County. Covenant, brought the 12th of November 1855, bjr the appellee against the appellant, on a policy of insurance issued and dated the 22nd of April 1852, insuring the plaintiff against loss or damage by fire to the amount of $2300, on a frame dwelling, &c., “as per application.” ' In the application the plaintiff offered for insurance “his property” on Rhode River, in Anne Arundel county, and also assented to the charter, constitution and by-laws of the company, and the policy recites, that he had become a member of the company agreeably to…
1Opinion of the CourtBartol, J.
The defence to this action, relied upon by the appellant, rests upon the alleged misrepresentation or concealment by the appellee, when the contract of insurance was made, of the true nature and character of his title, or interest, in the property insured.
*45In the application for insurance the appellee described the property as “ins property,” whereas, the evidence discloses that the whole fee-simple title was vested in his wife, Janeada S. Dealc, by a deed of conveyance dated the eighteenth day of July 1850, and that it so remained at the time the insurance was effected. For the purpose of…
2Cases cited7 opinions
- Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
- Franklin Fire Ins. v. CoatesCourt of Appeals of Maryland · 1859
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Allen v. Mutual Fire InsuranceCourt of Appeals of Maryland · 1852
- Baltimore Fire Insurance v. McGowanCourt of Appeals of Maryland · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Aetna Insurance v. HolcombTexas Supreme Court · 1896
- Andes Insurance v. FishIllinois Supreme Court · 1874
- Dixon v. DixonCourt of Appeals of Maryland · 1914
50 more not listed; retrieve them via the Exa API.