Chaney v. Farmers' Fire Insurance
Chaney v. Farmers' Fire Insurance
Opinion of the Court
Opinion by
The policy which was the foundation of the action was issued in the name of Mrs. H. M. Chaney & Daughter. It contained a condition that the policy should be void “ if the interest of the insured be other than unconditional and sole ownership.” Another condition provided that “ This entire policy shall be void if the insured has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated therein.” The property insured was in the possession of Mrs. Chaney and her daughter who were conducting the business under the name, “ Mrs. H. M. Chaney & Daughter.” They were apparently the owners of the business. The policy was applied for by Mrs. Chaney and was delivered to her by the agent of the insurance company. The plaintiff did not propose to prove that his interest in the business was made known to the defendant or that the latter had notice that his wife and daughter ivere acting as his agents in the prosecution of the business and in the application for the insurance. The agent of the company was justified in concluding from the manner in which the business was conducted and from the fact that Mrs. Chaney and her daughter applied for the policy that they were the owners of the property to be insured. The defendant did not enter into a contract with the plaintiff and had no reason to believe that he was theowner of the goods insured.
The judgment is, therefore, affirmed.
Reference
- Full Case Name
- Chaney v. Farmers' Fire Insurance Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Insurance — Fire insurance — Unconditional and sole ownership. A policy of fire insurance on a stock of goods contained a condition that the policy should be void “if the interest of the insured be other than unconditional and sole ownership.” The policy was issued in the name of “ Mrs. H. M. Chaney & Daughter.” The business was conducted under the name of “Mrs. H. M. Chaney & Daughter” who were apparently the owners of the business. Mrs. Chaney applied for the policy and received it from the agent. As a matter of fact the stock and business were owned by H. M. Chaney, the husband and father of the insured. Held, that the condition of the policy as to unconditional ownership precluded a recovery upon it. '