Ramat v. California Insurance Co.

Citations

• 95 Wash. 571
• 164 P. 219

Syllabus

<p>Insurance — -Fire Insurance — Policy — Breach of Conditions — Other Insurance. Notwithstanding Rem. Code, § 6059-106, requiring all fire insurance policies to be issued on the New York standard form, and Id., § 6059-191, making it a penal offense to use any other form, there may be an oral waiver of the standard form provision to the effect that the policy shall be void in case of other insurance; in view of 3 Rem. & Bal. Code, § 6059-34, which provides that no oral or written misrepresentation or warranties made in the negotiation shall be deemed material or avoid the policy unless made with intent to deceive nor unless the breach existed at the time of the loss and contributed thereto.</p> <p>Same — Breach of Conditions — Other Insurance — Evidence — Sufficiency. Where the assured informed the agent that he had other insurance, a written warranty to the contrary was not made with intent to deceive and did not contribute to the loss, within 3 Rem. & Bal. Code, § 6059-34, providing that such misrepresentations must be made with intent to deceive and contribute to the loss in order to avoid the policy.</p> <p>Same — Proofs of Loss — Waiver — Statutes — Evidence — Sufficiency. Under a liberal construction expressly required of 3 Rem. & Bal. Code, § 6059-34, providing that no breach of warranty or condition shall avoid the policy unless- it existed at the time of the loss and contributed thereto, the proofs of loss required by the standard form of fire insurance policy to be furnished within sixty days may be orally waived; and such waiver is shown where a statement of the loss was furnished to the company’s adjuster who misled the assured to believe that the return made was a compliance with the policy and that nothing further was necessary.</p> <p>Same — Breach of Conditions- — Other Insurance — Proofs of Loss —Question for Jury. The breach of warranties and conditions in a fire insurance policy in that the assured had other insurance upon the property, and that s