Connecticut Fire Ins. v. Manning

Citations

• 160 F. 382
• 87 C.C.A. 334
• 1908 U.S. App. LEXIS 4196

Syllabus

<p>1. INSURANCE — WARRANTIES—REPRESENTATIONS—WARRANTIES MATERIAL TO Risks.</p> <p>Sections 7973, 7974, and 7975, Rey. St. Mo. 1899 (Ann. St. 1906, pp. 3791, 3792), provide that warranties of facts or conditions in certain applications for and in certain policies of insurance shall, if not material to the risks insured, he deemed representations only.</p> <p>Warranties of facts or conditions in the applications for or in the policies of insurance specified in these sections which are material to the risks thereunder are unaffected by these provisions of the statutes.</p> <p>2. Same — Materiality of Warranty when Question for Court and when foe Juey.</p> <p>The materiality of any such warranty to the risk taken under it is a question for the court as a matter of law in every case where the character of the warranty or the entire evidence relative to the materiality is such that a decision but one way may be lawfully sustained by the court.</p> <p>It is for the jury when all the admissible evidence is such that a decision either way may be lawfully sustained by the court.</p> <p>[Ed. Note. — For cases in point, see Cent. .Dig. vol. 28, Insurance, §§ 1735, 1758.]</p> <p>3. Same — Warranty Regarding Incumbrance Material as a Matter of Daw.</p> <p>A warranty regarding the existence or the amount of the incumbrance upon the property insured thereunder is material to the risk as a matter of law.</p> <p>Knowledge by the underwriter whether or not there is an incumbrance upon the property he insures and of the amount of any existing incum-brance thereon is always material to the risk.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 28, Insurance, §§ 636-651.]</p> <p>4. Same — Facts—Conclusion.</p> <p>One of the conditions of a policy was that “if the interest of the assured be or become other than the entire unconditional, unincumbered and sole ownership of the property, * * * this policy shall be void, unless otherwise provided by agreement indorsed hereon.” It w