Broady v. Patrons Fire & Tornado Ass'n

Citations

• 94 Kan. 245
• 146 P. 343
• 1915 Kan. LEXIS 78

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Untrue Statements — Inserted in Application by Defendant’s Solicitor — Policy not Avoided. The plaintiff applied to a solicitor of the defendant, a mutual fire insurance company, for insurance, signed an application which the solicitor transmitted to the defendant, and in due time received a policy making the by-laws of the company a part of the contract. The answers to certain material questions, as they appeared in the application, were not true, and if they had been true the by-laws would have forbidden the risk. When the application was taken the questions referred to were propounded to the plaintiff by the solicitor and were truthfully answered, but the solicitor set down answers, not as given by the plaintiff, but in his own way. The plaintiff signed the application without knowledge of what the solicitor had written. The property was subsequently destroyed by fire originating from a source inquired about by one of the questions. Held, the plaintiff was entitled to recover.</p> <p>2. Trial — No Prejudicial Error. Various assignments of trial error examined and held not to warrant a reversal.</p>