Curry v. Sun Fire Office
Curry v. Sun Fire Office
Opinion of the Court
The policy sued on in this case was not founded upon a written application. What transpired when the insurance was applied for and what representations, if any, were made to obtain it, could only be determined from the testimony. This was somewhat conflicting. Its credibility and value were for the jury. They have found that the defendant’s agent was not imposed upon, and that no false representations were made to him.
The assignments of error, from the fourth to the ninth inclusive, relate to the failure of the plaintiff to communicate to the company or its agent at the time the policy was applied for, his belief that an attempt had been made by unknown parties to set fire to his house, and his fear that the attempt might be repeated and his house burned. The appellant contends that upon the plaintiff’s statement that he had entertained such belief and fear he was self-convicted of the concealment of a fact important to the risk, and for this reason could not recover. This position as it is stated is correct. The difficulty with its application in this case grows out of the subsequent explanation attempted by the plaintiff. Whether this was a reason
The judgment is affirmed.
Reference
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- Eire Insurance—Misrepresentations by applicants. If an applicant for insurance conceals Ms belief that an attempt had been made by unknown parties to set lire to Ms house, and his fear that tho attempt might be repeated and his house burned, he is self-oonvioted of the concealment of a fact material to the risk, and he cannot recover on the policy. If, however, ho explains that what he first supposed was a malicious attempt to burn his house he subsequently believed to be merely a prank of some boys, the reasonableness and truthfulness of his explanation is for the jury. Application for insurance—Misrepresentation—Evidence. If an insurance company does not require a written application for insurance, it cannot subsequently object that the applicant did not state in writing the amount and character of the liens and incumbrances on his property. If the evidence is conflicting as to what occurred when the insurance was applied for and what representations were then made by the applicant, the case is for the jury.