German American Insurance v. Darrin

Citations

• 80 Kan. 578
• 103 P. 87
• 1909 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire-insurance — Application—Policy. It is the duty of a fire-insurance company which accepts a signed application for insurance, written on a blank furnished by the company which provides that it shall be the basis on which insurance is to be effected, to write the policy in accordance with the application.</p> <p>2. -Iron-safe Clause — Application—Policy. If in such an application the applicant state that he will agree carefully to preserve his last inventory in an iron safe at night or in some place secure against fire in another building, the company is authorized to insert an iron-safe clause in the policy extending to the last inventory only, and not also to books of account.</p> <p>3. -Insured May Assume Pokey Follows Application. The recipient of a policy issued in response to an application of the character described may assume that the company has discharged its duty and has written the policy on the basis of the application, and he is not obliged to read the policy to see if it conforms to the application.</p> <p>4. - Contract — Evidence. If such an application be received and retained by the company, a policy be written and delivered, and the premium be paid by the applicant and kept by the company, a binding contract of insurance is effected on the basis of the application.</p> <p>5. -Reformation of Policy. If through inadvertence, mistake or design such a policy be written on a basis different from that contained in the application, it may be reformed to correspond with the application.</p>