Hayes v. Automobile Insurance Exchange

— This is an action on a policy of insurance issued to the respondent by the appellant to cover an automobile, subsequently damaged by fire. The appellant defended on the ground that warranties made by the respondent had been breached and that it was therefore not liable. The contention of the respondent is that he is not responsible for the making of the warranties. Assuming the respondent’s version of the facts, they are that he sought the insurance by *488signing a blank application, and that the appellant’s agent, without his knowledge, filled in the statements which were untrue, in this:…