Moran Bros. v. Pacific Coast Casualty Co.

Citations

• 48 Wash. 592
• 94 P. 106
• 1908 Wash. LEXIS 925

Syllabus

<p>Insurance — Indemnity—Policy—Notice of Injuey — Release of Insurer- — Truti-i of Facts Stated. In an action upon an indemnity policy against liability for personal injuries to a servant, which required the insured to give full particulars of any claim, the company is not released by the fact that notice of claim upon a form furnished by the company (allowing only short spaces for answers to printed questions) stated briefly that the servant was injured by his own negligence in putting up scaffolding, when the fact was that defendant’s carpenters erected the same, where the statements were made in good faith; since a more full statement and warranties of the answers were not intended.</p> <p>Evidence — Parol—Written Instrument. A written release of two causes of action for personal injuries, for the expressed consideration of $2,000, without reciting how much was paid in settlement of either claim, is not varied or contradicted by parol evidence that the whole sum was paid in settlement of the second cause of action, and that the first was of a trifling nature and ill founded; which evidence is therefore admissible.</p>