Archibald v. Queen Insurance

Action to recover insurance on an automobile which was destroyed by fire December 23rd, 1915.

The plaintiff recovered a verdict for $1,507.94, and the case comes up on the defendant’s general motion for a new trial.

The case discloses that the principal, if not the only fact involved was upon the question of waiver on the part of the defendant of its rights under the stipulation in the policy that, “this entire policy shall be void ... . if the interest of the insured in the policy be other than unconditional and sole ownership, or if the *565subject of this insurance be or become encumbered by any…