Muskovitz v. Sun Underwriters' Agency of Sun Ins.
Citations
- 26 Ohio C.C. Dec. 324
- 21 Ohio C.C. (n.s.) 250
Syllabus
<p>INSURANCE.</p> <p>1. Foreigner not Absolved by Ignorance from Conditions of Contract Signed.</p> <p>Ignorance of the contents of a contract signed, though a foreigner and not understanding the language, will not relieve a party from its effect.</p> <p>2. Entire Policy Void Clause not Rendered Severable Contract by Classification of Losses.</p> <p>A policy of insurance containing the clause “this entire policy shall be void” on certain named conditions is' not a severable risk, although the amount of insurance is distributed among different classes of property.</p> <p>3. Unconditional and Sole Ownership Provisions Reasonable.</p> <p>An insurance policy provided that the entire policy should be void if the interest of the insured was otherwise than the unconditional and sole ownership of the property, or if it was encumbered by a chattel mortgage. These were reasonable provisions.</p> <p>4. Policy Voided by Failure to Disclose Liens.</p> <p>A conditional sale contract and a chattel mortgage were in force upon certain insured personal property, without the knowledge of the insurance company. Held: That the insured could not recover upon said policy in case of loss.</p>
How courts have described this case
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- including a comprehensive summary of superior knowledge cases in this Circuit
- The contractor had experience in the field of concrete drilling and should have known that drilling into a concrete dam with no knowledge of the amount of aggregate rock within was risky and experimental.
Source: CourtListener parenthetical corpus (CC0).
Judges: Metcalfe, Norris, Pollock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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