Sharp v. Scottish Union & National Insurance

I dissent from the order denying a rehearing of this cause. With respect to the point first discussed in the department opinion, it is true that this court has decided that “the issue of a policy upon known facts waives all conditions inconsistent therewith.” But that doctrine does not apply to this case, wherein it appears that the material fact—i. e. that McBride, the insured, was not the sole owner of the insured property—was not .“known.” The doctrine quoted was applied in cases where it was affirmatively proved and expressly found that the material fact was known to the insurer. Here it…