Roney v. Clearfield County Grange Mutual Fire Insurance

Opinion by

Mr. Justice Stern,

At the trial of an action on a policy issued by a mutual fire insurance company, the latter presented two defenses; one — with which we are not here concerned— that plaintiff failed to pay an annual premium assessment, the other that, in the application signed by plaintiff, he had falsely stated there were no encumbrances upon the property. A verdict was rendered in favor of plaintiff, and defendant’s motions for a new trial and for judgment n. o. v. were overruled.

The application contained a covenant by plaintiff that all the answers and representations therein…