McCracken v. Car & General Insurance

The defendant’s exceptions present the sole question of whether the defendant company is deprived of the right to avoid the extra-territorial provisions of the policy because of its retention of the premium paid by the plaintiff Kee. Upon the facts found, it is not disputed that it became entitled to avoid the policy because of Kee’s fraud in procuring it. It is conceded that strictly speaking the company is not “estopped” to assert this right, since the individual defendants have relied upon no conduct of the company to their prejudice. See, Duval v. Insurance Company, 82 N. H. 543, 546.…