Goddard v. East Texas Fire Insurance

Citations

• 67 Tex. 69
• 1 S.W. 906
• 1886 Tex. LEXIS 617

Syllabus

<p>1. Insurance.—In order to constitute a statement or promise of the insured, a warranty, it must be made a part of the policy, either by appearing in the body of the instrument, or by a proper reference in the policy to some other paper in which it is found. Being in the nature of a condition precedent, it must form part of the contract between the parties.</p> <p>2. Same.—When a doubt as to whether such other paper was regarded by the insurer and insured as a part of the policy, the doubt will be resolved by the courts in favor of the insured.</p> <p>8. Same.—The following clause appeared on a piece of paper, different from that on which the policy of insurance to which it was attached was printed, and was attached by mucilage to a blank space on the face of the policy: “ It is understood and agreed that the assured shall keep a set of books, showing a record of his or their business, including all purchases and sales both for cash and on credit, as well as á copy of his or their last inventory, warranted to be kept in an iron safe at night.!’ The place on the policy where the clause was thus posted, was in the midst of a sentence on the face of the policy, with which it had no proper connection, and which purported to contain the promises entered into by the Insurance Company and not those made by the insured. The existence of the clause was not known to the insured. In a suit upon the policy in which it appeared that the stipulations regarding the iron safe were not ob -erved, there being no evidence of fraud committed by the insured or of resulting injury to the insurer from a failure to keep the safe. Held:</p> <p>Cl) The clause could at most be regarded as a representation and not as a clause of warrantee.</p> <p>(2) The method of attaching the clause to the policy, precluded it from being invested with any higher dignity than a mere representation.</p> <p>(3) Words purporting to be a condition on which a policy is issued, must be set forth in such a place,