Hart v. British & Foreign Marine Insurance

Citations

• 80 Cal. 440
• 22 P. 302
• 1889 Cal. LEXIS 935

Syllabus

<p>Amendment oe Answer—Discretion. —It is a proper exercise of discretion to allow an answer to be amended so as to permit the introduction of written evidence by the defendant which was well known to plaintiffs long before the trial, and the production of which is eminently just, in order to settle the rights of the parties upon the merits.</p> <p>Marine Insurance — Concealment of Material Fact by Person Assured— Rescission of Policy.—When an applicant for marine insurance upon a barge which is overdue has information as to material facts concerning the probable loss of the barge, which he fails to communicate to the insurance company, such failure is a concealment of a material fact which the assured ought to. communicate, and entitles the insurance company to rescind the contract of insurance.</p>