Hammond v. Western Casualty & Guaranty Insurance

Citations

• 100 Kan. 582
• 165 P. 291
• 1917 Kan. LEXIS 379

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Indemnity Insurance — Fraud and Mistake — Statute of Limitations. Where a policy of insurance different from that applied for has been fraudulently issued, the recipient of the policy may, without reading it, assume that it conforms to the application; and an action thereon is not barred until two years after the fraud is discovered.</p> <p>2. Indemnity Insurance — Fraud and Mistake — Reformation of Policy— Judgment. Where fraud in issuing a policy of insurance and a mistake in the policy are alleged and reformation is asked, and where the evidence supports the allegations, the court is justified in reforming the policy and in rendering judgment thereon.</p>