Hosford v. Germania Fire Insurance

Citations

• 127 U.S. 399
• 8 S. Ct. 1199
• 32 L. Ed. 196
• 1888 U.S. LEXIS 2002

Syllabus

<p>A provision in a policy of fire insurance, that if the interest of the assured in the property is “any other than the entire, unconditional and sole ownership for the use and benefit of the assured,” oi'is “ incumbered by any lien, whether by deed of trust, mortgage or otherwise,” it must be so represented in the policy, does not, if it is stated that the property is incumbered, require a statement of the nature or amount of the incumbrances.</p> <p>An application for fire insurance, expressly made a part of the policy and a ■ warranty by the assured, contained these questions and answers: “ Is there any incumbrance on the property? Yes. If mortgaged, state the amount. $3000.” Relcl, that an omission to state that the property was incumbered otherwise than by mortgage was no breach of the warranty.</p> <p>A warranty, in a contract of fire insurance, that “ smoking is not allowed on the premises,” is not, if smoking is then forbidden on the. premises, broken by the assured or others afterwards smoking there.</p>