Hanover Fire Insurance v. Hiers

Citations

• 79 Fla. 408
• 84 So. 605

Syllabus

<p>1. A clause in a policy of fire insurance upon a dwelling house providing that the policy shall be void if the insured does non own the fee simple to the property may be orally waived by the insurer.</p> <p>2. A policy of fire insurance may be reformed upon the ground of fraud or mutual mistake.</p> <p>3. A bill in chancery alleging the payment by the insured of the premium charged by the insurer and the issuing of a policy of insurance upon the dwelling-house of the insured with the knowledge on the part of insureris agent that the insured did not own the fee simple title is sufficient to support a prayer for relief upon a 'policy containing the so-called title clause.</p> <p>4. Where a bill in chancery waives an answer under oath the burden is upon the complainant nevertheless to establish the truth of the material allegations of fact upon which he bases his right to relief.</p> <p>5. Where a bill for tbe reformation of a policy of insurance contains allegations sufficient to show an agreement to issue a policy and the payment by the insured and acceptance by tbe insurer of the premium and a waiver of the so-called title clause, and prayer for the reformation of the policy alleged to have been issued and that the insurer be decreed to pay the loss alleged to have occurred under the policy, and for general relief, a decree granting relief in the matter of payment of the loss where the evidence supports such phase of the decree, will not be reversed because the evidence does not show that the policy was actually issued, hut will be affirmed upon the principle that the evidence showing an agreement to issue such a policy of insurance, the complainant would have a right to spefiic performance and the enforcement of the policy so decreed to be issued.</p>