Lumber Underwriters of NY v. Rife
Citations
- 237 U.S. 605
- 35 S. Ct. 717
- 59 L. Ed. 1140
- 1915 U.S. LEXIS 1373
Syllabus
<p>If the insured can prove that he made a different contract from that expressed in the policy, he may have it reformed in equity, but he may not'take the policy without' reading it, and then in 'a suit at law upon it, ask to have it enforced otherwise than according to its terms.</p> <p>A policy of insurance is a document complete in itself, and the fact that there is an endorsement stating that it is a renewal óf a prior existing policy which had a provision for renewal therein has no bearing on the express terms of the instrument.</p> <p>A provision in’ a policy of insurance prescribing an express condition cannot be varied by parol evidence to the effect that the insurer knew that the, condition was being violated and had been yiolated during the existence of a prior pohcy of which the existing policy purported to bé a renewal.</p>
Judges: Holmes, McKenna, Day
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