Robbins v. Milwaukee Mechanics Insurance

Citations

• 102 Wash. 539
• 173 P. 634
• 1918 Wash. LEXIS 994

Syllabus

<p>Sales—Conditional Sales—Assignment. An absolute bill of sale by tbe vendee in a conditional sales contract conveys only his interest, and amounts to no more than an assignment of the conditional sales contract.</p> <p>Insurance—Avoidance of Policy—Title—Misrepresentations— “Intent to Deceive.” Under Rem. Code, § 6059-34, providing that misrepresentations or warranties shall not avoid a policy of insurance unless made with intent to deceive, a fire policy on pool tables issued to the vendee in a conditional sales contract is not defeated by the insured’s want of title, where he informed the insurance agent that he had not paid for the tables, the conditional sales contract was on record, and the agent was put on inquiry as to the state of the legal title.</p> <p>Same—Insurable Interest-Title—Conditional Sale—Relief in Equity. Where a conditional sales contract required the vendee to insure the property for the benefit of the vendor, the policy inures to the benefit of the vendor, and the insurance company, with notice or put on inquiry, cannot in equity complain of reformation of the policy or decree protecting the vendor to the extent of the unpaid purchase price.</p> <p>Same—Action for Loss—Proofs of Loss—Waiver. The question of waiver of proofs of loss is a question for the jury, where it appears that the insured furnished the adjuster all itemized statements and information desired by the adjuster and was misled into believing that nothing further was necessary.</p>