Lycoming Fire Insurance v. Rubin

Citations

• 79 Ill. 402

Syllabus

<p>1. Insurance—-false representations by assured, as to value. The contract of insurance is one in which the parties must act with the utmost good faith; no false representations, which go to affect the risk, must be made; the assured must tell the whole truth, and not conceal any important fact, and he must not make any false representation as to the amount or value of the stock insured.</p> <p>3. Where a party, by false representations as to the amount and value of his stock of goods, obtains a policy of insurance upon a valuation at twice the value of the goods, this, of itself, renders the policy absolutely void.</p> <p>3. Error in permitting improper evidence to go to the jury, not cured by instruction to disregard it. Where improper evidence is permitted to go to the jury, against objection, the mischief can not be remedied by afterwards instructing the jury to disregard it. It is not easy to remove from the minds of the jury, by instructions, impressions produced by improper testimony. The inevitable tendency of such evidence, in doubtful cases, is to mislead.</p>