Andes Insurance v. Fish

Citations

• 71 Ill. 620

Syllabus

<p>1. Insurance—of the application. When an application for insurance is prepared, signed and presented by the owner, the company has the right to rely upon its correctness, and if incorrect in any material part it avoids the policy.</p> <p>2. It is competent to show, by parol, that an application for a policy of insurance, signed by the assured, was filled out by the agent of the compauy, with full knowledge of all the facts, for in such case it would be the act of the company as well as of the assured, and its representations are then as conclusive upon the company as upon the assured. All charge °f fraud and deception on the part of the assured might then be refuted.</p> <p>3. Same—as to title of assured. When an applicant for insurance fully discloses to the company or its agents the necessary facts as to the title to the property, or the company is otherwise cognizant of the facts, and they dispense with any act on the part of the assured, they are estopped from denying the description adopted in the policy. If, from all the facts in the case, they erroneously determine that the assured has one kind of interest in the premises, when he has another, they can not be heard to say that they were mistaken, and by that means escape liability.</p> <p>4. Same—fraud or false swearing. Where a policy of insurance contained a clause, that “ if there appears any fraud or false swearing, the assured shall forfeit all claim under the policy,” and on the trial of a suit brought upon the policy, the assured, in his deposition, stated that he owned the property at the time it was insured, under a certain deed, a copy of which he attached to his deposition and made a part of it, and it appeared by the deed that he only had a life estate, it was held, that this was not such false swearing as to preclude a recovery upon the policy.</p> <p>5. Same—assured entitled to recover to the extent of damage to property, without regard to the extent of his title. In the absence of fraud or m