Hawley v. LiverPool

Citations

• 102 Cal. 651
• 36 P. 926
• 1894 Cal. LEXIS 703

Syllabus

<p>Eire Insurance—Immaterial Misrepresentation—Cancellation op Previous Policy.—A misrepresentation in a written application for an insurance policy, as to the fact that another company had canceled a policy on the property, is not material, where it appears that the reason of the cancellation was, that the insurance company which issued it was retiring from business, and wished to clear up every thing, and that it was for no reason that could have influenced the granting or refusing of the policy sued upon.</p> <p>Id.—Representation as to Ownership op Land—Foreclosure op Mortgages—Deed Intended as Mortgage.—A representation in the policy that the insurer is the owner of the land on which the insured buildings stood is not rendered false by the fact that after suit was brought to foreclose mortgages upon the land, because the time to sue was about to expire, the suit was withdrawn, and the mortgages canceled, and a deed executed purporting to convey an absolute title to the land, where it appears by oral proof that the deed was intended as a mortgage to secure the indebtedness, and where the application for the policy states that the property is encumbered by mortgage.</p>