Bayley v. Employers' Liability Assurance Corp.

Citations

• 6 Cal. Unrep. 254
• 56 P. 638
• 1899 Cal. LEXIS 1149

Syllabus

<p>Appeal.—A Finding by the Jury on Conflicting evidence will not be disturbed.</p> <p>Insurance-.—The Fact That an Accident Insurer had Waived a false statement that the insured had never before received compensation for any accident, in so far as it had paid him therefor in 1892, and knew of certain other like payments by third persons in 1892, does not wa'ive the falsity of the statement in that prior compensations for accidents had been paid the insured in 1886, of which the insurer had no knowledge.</p> <p>Insurance.—The Objection of Immateriality cannot be Urged against a warranty in a policy so as to avoid the eftect of a breach thereof.</p>