Liverpool & London & Globe Insurance v. Farnsworth Lumber Co.

Citations

• 72 Miss. 555

Syllabus

<p>1. Fire INSURANCE. Conditions in policy. Waimer by agent.</p> <p>A warranty in a policy of fire insurance that a continuous clear space shall thereafter he kept between the property insured (lumber piled in sheds) and any woodworking- establishment, is waived where the insurer’s agent, when he accepts the risk and writes the policy, knows that there is not such clear space, that it is impossible for the insurer to maintain such space without removal of his buildings, and that he does not intend to do this. Mitchell v. Insv/rance Co., ante, page 53.</p> <p>2. Same. Breach of warranty. Evidence. Burden of proof.</p> <p>The burden is on the insurer to establish a breach of warranty in a policy of insurance. There is no distinction, in this respect, between life and fire insurance. Insurance Co. v. Brown, 57 Miss., 308.</p> <p>3. Instruction. Satisfying minds of jury. Degree of certainty.</p> <p>An instruction for plaintiff placing on defendant the burden of proof of an affirmative defense, and directing a verdict for plaintiff, unless on the evidence the minds of the jury are not satisfied to a reasonable degree of certainty, presents no reversible error.</p>