Joshua Hendy Machine Works v. American Steam Boiler Insurance

Citations

• 86 Cal. 248
• 24 P. 1018
• 1890 Cal. LEXIS 1016

Syllabus

<p>Insurance—Cancellation of Policy—Return of Premium — Rescission— Construction of Code. —Section 2617 of the Civil Code, providing for the amount of premium to be returned to one whose property is insured, where his interest in the property has not been exposed to any of the perils insured against, or where the insurance is made for a definite time, and the insured surrenders his policy, does not confer upon the insured any right to insist upon a cancellation of a policy, without cause, and upon his mere request, and to recover a ratable proportion of the premium, where the policy gives the insured no such right, and none of the reasons mentioned in sections 2610 and 2619 of the Civil Code exist for a rescission of the contract of insurance, and no ground of rescission appears, under the general provisions of the Civil Code relating to the rescission and cancellation of contracts.</p>