Gladding v. Cal. Farmers' Mut. Fire Ins. Ass'n

Citations

• 66 Cal. 6
• 4 P. 764
• 1884 Cal. LEXIS 662

Syllabus

<p>Contract—FxmA Insurance—Increase oe Risk—Waiver of Conditions.— Where it is stipulated in a policy of fire insurance, that it shall be void if the risk be increased by any means, and that nothing shall be construed as a waiver of the condition by the insurer, unless there be a distinct and specific agreement, clearly expressed and indorsed on the policy, no officer or agent of the insurer can authorize an increase of the risk in any manner other than that prescribed by the policy.</p> <p>Id.—Findings—Issues.—If in an action upon a fire insurance policy, the defendant avers in his answer, that the risk was materially increased by the storage of goods of an inflammable nature in an adjacent building of the plaintiff, contrary to the provisions of the policy, and evidence has been introduced on the subject, the Court should find as to the fact.</p>