Noone v. Transatlantic Fire Insurance

Citations

• 88 Cal. 152
• 26 P. 103

Syllabus

<p>Dire Insurance — Representation in Policy—Distance prom Other Buildings — Warranty, •—In an insurance policy which concludes with a covenant or agreement that the statements therein contained are true, “ so far as known to the applicant, ” a statement to the effect that the building insured was ninety feet from other buildings does not amount to a warranty that it is so situated.</p> <p>Id. — Construction of Policy—Truth of Statements—Conditions Precedent. —An insurance policy containing contradictory provisions, or so framed as to leave room for construction rendering it doubtful whether the parties intended the exact truth of the applicant’s statements to be a condition precedent to any binding contract, should be construed so as not to impose an obligation of a warranty upon the assured.</p> <p>Id.—Instruction as to Warranty — Materiality of Representation — Question of Law — Error without Injury.—If the provisions of the policy and the application, taken together, amount to a warranty as to the exact truth of a representation contained in the policy, it is erroneous to instruct the jury that it is for them to determine whether the misrepresentation was or was not material; but if the truth of the representation is not warranted, the error is immaterial.</p> <p>Id. — Certificate of' Notary — Employment by Company — Notice of Reasons for Change of Notary. —Under a provision of a fire insurance policy requiring that in case of loss by fire the assured must obtain the certificate of the notary nearest the insured building, not concerned in the loss as a creditor or otherwise, nor related to the assured, as to the justice of the claim, where it appears that the nearest notary had refused to act, on the ground that he was employed by the insurance company, in ascertaining the facts and taking affidavits concerning the fire, the assured is relieved of the necessity of obtaining his certificate, and need not inform the company of the reason for obtaining the certific