Lycoming Fire Insurance v. Jackson

Citations

• 83 Ill. 302

Syllabus

<p>1. Evidence—witness to prove value of building destroyed. Any person acquainted with property, such as a dwelling-house, and its value, or the value of like property, is a competent witness to prove its worth, in a suit to recover for its loss against an insurance company.</p> <p>2. Insurance—representations made by agent of company without authority. If a policy of insurance refers to a written application, which is not signed by the assured, but by an agent of the company, and it is not shown that the assured authorized it to be made or ratified the same after its execution, he will not be bound by any representations therein, if they should prove to be false; nor will the fact that it fails to disclose the title prevent a recovery for a loss.</p> <p>3. A condition in an insurance policy making an application referred to a part of the contract and a warranty by the assured, and declaring that any false representation by the assured as to the condition, etc., of the property insured, or any omission to make known every fact material to the risk, or if the interest of the assured be not truly stated in the policy, the same shall be void, can not be said to have been violated, when the assured has made no written application.</p> <p>4. Same—insurer can not take advantage of his own neglect and omissions. If an insurance policy provides that, if the interest of the assured be any other than the entire, unconditional and sole ownership for his own use and benefit, or if the building stands on leased ground, it must be so represented to the company, and so expressed in the written part of the policy, otherwise the same shall be void, and the assured states such facts to the agent, but they are not inserted in the policy, either by accident or design, such omission will not defeat a recovery in case of a loss.</p> <p>5. Same—-failure to disclose fraudulent mortgage. A party applying for insurance on property is not bound to disclose the existence of a mortgage thereon