Rankin v. Amazon Insurance

Citations

• 3 Cal. Unrep. 330
• 25 P. 260
• 1890 Cal. LEXIS 1189

Syllabus

<p>Fire Insurance—Survey of Premises.—Where a fire insurance policy refers to a survey of the insured premises and the application as a warranty on the part of the insured, the right of the company to rely on such application and survey is not defeated by the fact that they were not furnished until after the policy was delivered, and that they were written on blanks prepared for the use of another insurance company.</p> <p>Fire Insurance—Keeping Watchman.—In an action on a policy, evidence that the insured premises were idle for two months, during which time the insured employed only one watchman, who habitually slept in a building three hundred feet away, with the approval of the insured, shows a failure on the part of the insured to comply with a condition of the policy requiring him to employ a watchman “to be in and about the premises by day and night” during the time that they are idle, and not merely negligence on the part of the watchman in performing his duty, and is a good defense to the action.</p>