Pacific Mutual Life Ins. v. Barnes

Citations

• 25 Ohio C.C. Dec. 380
• 15 Ohio C.C. (n.s.) 407
• 1910 Ohio Misc. LEXIS 389

Syllabus

<p>EVIDENCE — INSURANCE—PLEADING.</p> <p>1. Schedule of Warranties Attached to Life Policy Counter Agreements by Insured.</p> <p>A schedule of warranties attached to a policy of insurance, while-no part of the contract of insurance, will nevertheless be regarded as counter agreements on the part of the insured made-in consideration of the issuing of the policy; and such warranties are within the contemplation of Sec. 3625 R. S. (Sec. 9391 G-. C.), providing that no answer to an application for insurance-shall bar recovery, unless it appear that it was willfully false, and but for such answer the policy would not have been issued,</p> <p>2. Defense of Falsity of Statements by Insured Impose Burden on-Insurance Company.</p> <p>An allegation in the answer of an insurance company that certain, statements made by the insured were willfully false, with a denial thereof in the reply, imposes upon the defendant the burden of providing such falsity, and the matter becomes a. question for the jury upon the evidence.</p> <p>3. Proofs of Loss in Sealed Envelope Directed to Home Office but Placed in Hands of Local Agent not Filing with Company.</p> <p>Evidence that proofs of loss were placed in a sealed envelope, directed to the insurance company at its home office, and that the envelope was thereafter placed in the hands of the local agent of the company, with no proof that it was ever deposited in the mail, is not sufficient to meet the requirement of the-policy that, within twenty days from the happening of the accident, proofs of loss must be filed with the company or furnished in due form at its home office, and in such a case a motion to arrest the case from the jury should be sustained.</p> <p>4. Discretion In Trial Court to Permit Technical Lack of Evidence Considered by Reviewing Court and New Trial Granted Rather than Final Judgment for Defendant.</p> <p>But inasmuch as discretion rests in a trial court to permit a technical lack of evidence to be supplemented by addit