Hosford v. Hartford Fire Insurance
Supreme Court of the United States
Hosford v. Hartford Fire Insurance, 127 U.S. 404 (1888)
8 S. Ct. 1202; 32 L. Ed. 198; 1888 U.S. LEXIS 2003
Hosford v. Hartford Fire Insurance
Opinion
after stating the case as above reported, delivered the opinion of the court.
In this case, I am instructed by the majority of the court to announce its opinion that the warranty concerning incumbrances includes only incumbrances created by the act or with íhe consent of the assured, and not those created by the law; and therefore the policy was not avoided by the omission to disclose the fact that “ delinquent taxes ” on the premises for previous years were due and unpaid, although by the statutes of Nebraska taxes are made a lien on the real estate taxed.
Judgment reversed, and case remanded to the Circuit Cov/rt, with directions to render judgment for the plaintiffs upon the special verdict.
Reference
- Full Case Name
- Hosford v. Hartford Fire Insurance Company
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- 8 cases
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- Published
- Syllabus
- An application for fire insurance, warranted to be “a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value, ownership, title, incumbrances of all kinds, insurance and hazard of the property to be insured,” contained these questions: “ Is there a mortgage, deed of trust, lien, or incumbrance of any kind, on property? Amount, and in whose favor?” Held, that the questions related only to incumbrances created by the act or with the consent of the applicant, and that an omission to disclose an existing lien created by statute for unpaid taxes was no breach of the warranty.