Germania Fire Insurance v. McKee

Citations

• 94 Ill. 494

Syllabus

<p>1. Practice—finding of Appellate Court conclusive as to the facts. Where the Appellate Court, affirms the judgment of the circuit court, it must of necessity find that the evidence sustains the judgment below, and such finding is, upon that question, conclusive on this court, on appeal or error.</p> <p>2. Insurance—neglect of agent to report acts to insurance company no evidence of collusion. Where an insurance agent, having full power to issue policies of insurance and to grant special permits, having issued a policy, some six days afterwards cancelled the same, and issued a new one, and granted a special permit to the assured, which he failed to report to his principal, it was held, that evidence of his neglect to report the same, without an offer to show collusion with the assured, or any evidence to connect the assured with the omission, was properly refused on the trial of an action on the new policy, and that such evidence did not tend to show a collusion.</p> <p>3. Same—false statements in application, made by agent. Where the application for an insurance is prepared, signed and presented by the assured, the insurer has the right to rely upon the truth of the statements therein contained ; and if the statements are false in a material point, the insurer may refuse to be bound by the policy.</p> <p>4. But where the assured makes a full and complete disclosure of the title and situation of the property to the agent of the insurance company, and the agent deliberately writes false answers, to be signed by the assured, saying it does not amount to anything, the company will be estopped from denying its liability.</p> <p>5. Error will not always reverse. The exclusion of evidence which works no injury, as, where the same thing proposed to be shown by it clearly appears from other evidence, though technically an error, is no ground for a reversal.</p> <p>6. Evidence—its relevancy. In a suit on a policy of insurance, by a wife, to recover for the loss of hay, etc