Rankin v. Amazon Insurance Co.

Citations

• 89 Cal. 203
• 26 P. 872
• 1891 Cal. LEXIS 798

Syllabus

<p>Fire Insurance — Policy — Reference to Survey — Warranty — Representation — Rescission. — Where a fire insurance policy refers for further particulars to the application and to a survey and diagram on file, described “ as furnished by and made a warranty on the part of the assured, and made a part of the policy,” the fact that the survey and diagram were not furnished until after the policy was delivered, a'though it might prevent them from operating as a warranty under section 2605 of the Civil Code, does not destroy their effect as a representation of facts made as an inducement for the issuance of the policy, and as such they are evidence which the jury should consider upon an issue as to rescission of the policy.</p> <p>Id. —Policy Payable to Creditors — Promise op Creditors — Authority for Survey, and Diagram—Agency for Owners.—The plaintiffs, creditors of the assured and payees of the policy, having promised to furnish the survey and diagram referred to in the policy, and they having been furnished in accordance with their agreement, and having become a part of the contract, could not object to their introduction in evidence on the ground that the agents who signed them for the owners of the insured property as applicants had no authority to act on behalf of the owners.</p> <p>Id. — Falsity of Material Representations — Rescission of Policy —. Cancellation. — If any of the material representations of an applicant for fire insurance, made as an inducement for the issuance of the policy, are false, the tender by the insurer of the premium, and notice that the policy was canceled, before the commencement of a suit by the insured, operates to rescind the contract, and will defeat the suit.</p> <p>Id.—Employment of Watchman — Non-fulfillment of Condition — Question of Law. — A condition in a policy of insurance upon a mill, that during such time as the mill is idle a watchman shall he employed by the insured “to be in and about the premises day and night, ” is b