Morgan v. Germania Fire Insurance

Citations

• 104 Kan. 383
• 179 P. 330
• 3 A.L.R. 794
• 1919 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT..</p> <p>1. Insurance — Verdict—Findings. The general verdict in favor of the plaintiff is held to be in effect a sufficient finding that the fire occurred without the plaintiff’s fault.</p> <p>2. Same — Terms of Policy — Insured to Submit to Examination — Refusal Did Not Avoid the Policy. The provision that when required the plaintiff should submit to an examination under oath was not made a condition precedent to recovery, and his refusal to comply when called upon, did not, under the circumstances shown, constitute a valid defense.</p> <p>3. Same — Provisions of Policy — No Gasoline Allowed on Premises — Gasoline in Motor Car Avoided, the Policy. The policies provided that they should be‘void if the insured “kept, used or allowed on the premises gasoline ... or petroleum or any of its products of greater inflammability than kerosene oil.” Held, that the plaintiff’s keeping in 'the building for two or three months his Ford car with its gasoline tank from one-third to entirely full of gasoline (although not in the building the night of the fire) violated this provision and avoided the policies.</p>