Taluc v. Fall Creek Farmers Mutual Fire Insurance

The evidence before the court at the time of nonsuit showed that the agent of the insurance company filled out the application for insurance and without making any inquiry of plaintiff inserted the answers on which it now bases the defense against plaintiff’s claim. The agent had before him the deed under which plaintiff and his wife acquired title to the property insured. In order to permit the defendant to avoid its policy it must be given the advantage of the misstatement as to ownership of the farm, which is due to the mistake or fault of its own agent and not to fraud or bad faith on the…