Lennox v. Greenwich Insurance

Citations

• 9 Pa. Super. 171
• 1899 Pa. Super. LEXIS 1

Syllabus

<p>Insurance — Inaccurate description— Warranty.</p> <p>Where the policy provides that “if an application, survey, plan or description of property be referred to in the policy, it shall be a part of this contract and a warranty by the insured,” and the description of the building furnished by the agent of the insured and inserted in the policy represents it as a dwelling, when in fact it was not, and the insured accepts and holds the policy without objection, such description of the building is a warranty that it is a dwelling which binds the insured.</p> <p>Insurance — Misdescription by insured — Warranty—Burden of proof.</p> <p>Where a fair construction of the whole contract of insurance compels the conclusion that the insured is bound for the truth of his statement that the building insured was a dwelling, it is not incumbent on the insurance company, defendant, to prove to the satisfaction of the jury that if the building had been correctly described it would have declined the risk or would have charged a higher rate.</p>