McCormick v. Orient Insurance

Citations

• 86 Cal. 260
• 24 P. 1003
• 1890 Cal. LEXIS 1018

Syllabus

<p>Insurance —• Ownership. — If a policy provides that any interest not absolute must be represented as such, and the interest of the insured is not absolute, but was not represented as such, but, on the contrary, was insured as the absolute ownership of the property, no recovery can be had on the policy.</p> <p>Contract — Reformation — Ignorance of Contents.—The mere fact that the insured did not know that his policy contained a certain provision is not ground for reformation.</p> <p>Estoppel—Reliance upon Conduct. —It is an essential element of estoppel by conduct that the party claiming the estoppel should have relied upon the conduct of the other, and was induced by it to do something which he would not otherwise have done.</p> <p>Id.—Instance — Production of Books, etc.—If an insurance company has a valid defense to a claim upon a policy, but nevertheless requests the insured to produce their books, and the property which escaped damage, and the insured comply with the request, at considerable inconvenience and expense, there is no waiver of the defense or estoppel with respect to it, — it appearing that the contract provided for the taking of such steps, and that the insured would have taken them, anyway.</p>