Neher v. Western Assurance Co.

Citations

• 40 Wash. 157
• 82 P. 166
• 1905 Wash. LEXIS 954

Syllabus

<p>Insurance — Conditions as to Incumbrance — Violation—Effect-Oral Application — Representations. A policy of fire insurance upon personal property subject to chattel mortgages duly recorded, is not avoided by a condition that the same shall be void if the property is incumbered by chattel mortgage, where the policy was written upon an oral application and no representations were made as to the condition of the property, and the insured did not know that the policy afterwards sent to him contained the condition in question (Root and Crow, JJ., dissenting).</p>