Foster v. Pioneer Mutual Insurance

Citations

• 37 Wash. 288
• 79 P. 798
• 1905 Wash. LEXIS 723

Syllabus

<p>Insurance — False Statements in Application — Fraud of Agent — Ignorance of Insured — Warranty. A fire insurance policy is not void by reason of false statements contained in the application, ii*serted by the agent without the knowledge of the insured, where the exact truth was stated to the agent, and the insured signed the application relying upon the agent’s statement that it was correct, and had no actual knowledge of limitations, upon the agent’s authority, or of a warranty clause printed in small type in the application.</p> <p>Same — Policy—Clause Requiring Written Authority — Solicitor Agent of Company — Knowledge of. A provision in a policy of insurance to the effect that no person unless authorized in writing shall be deemed the agent of the company, does not make-a solicitor the agent of the insured, but he is the agent of the company, and his knowledge of matters materal to the risk becomes the knowledge of the company.</p> <p>Same — Limitation Upon Authority of Agent — Notice to Insured — Statements of Agent. A clause in an application limiting: the authority of an insurance agent in respect to statements not contained in the application, does not charge the insured with knowledge of such limitation, where it is printed in very small type, and the insured in good faith pays for the insurance through the same agent, in reliance upon statements of the agent not contained in the application.</p>