Ensel v. Lumber Insurance Co. of New York

Citations

• 88 Ohio St. (N.S.) 269

Syllabus

<p>Fire insurance policy—Time when effective—Question for jury, when—Subject of insurance sufficiently described, when— Failure by insured to mention facts—Constitutes concealment and avoids policy, when—Subrogation clause in policy—In favor of insurer in case of ñre—Construed against'insurer, when—Fee simple ownership clause in policy—-Does not apply to lumber in building, when—Chattel mortgage incumbrance clause—Does not apply, when.</p> <p>1. An insurance agent negotiated for the plaintiff, through the underwriters of an insurance company, a policy in that company. A few months later the underwriters notified the agent that the company would cancel the policy. The agent assented for the plaintiff, but said he would take the usual five days to obtain other insurance. Thereupon the underwriters offered to rewrite the insurance in the defendant company. The plaintiff, through the agent, assented, and a new policy was delivered the same day at two o’clock. The fire occurred at six o’clock. Held: The court properly submitted to the jury the question as to the time the contract of insurance went into effect, and the finding of the jury that it went into effect at the time of delivery and was not postponed until five days later, is not contrary to law.</p> <p>2. The subject of the insurance was described in these words: “On his interest in the lumber in Wabash Elevator No. 4, while on the premises, situated on Middle Ground near the Maumee river, Toledo. It is understood that the building is in process of demolition and said insurance is to cover above-described lumber while on the premises.”</p> <p>Held; This advised 'the underwriters of the nature and extent of his interest as an element of the risk.</p> <p>3. Plaintiff’s interest was acquired from the Wabash Railroad Company by written contract, in which he agreed to demolish the building and release the railroad from all damage by fire caused by it. The underwriters thoroughly inspected the risk on the premises befo