Roberts v. Ætna Insurance Co.

Citations

• 58 Cal. 83

Syllabus

<p>Insurance—Application—Warranty.—When a policy of insurance refers to the application and makes it a part of the policy, any breach in the conditions or representations which are warranted avoids it.</p> <p>Id.—Id.—Id.—Instructions.—The application contained the question: “Is there any incendiary danger apprehended or threatened?” and the answer, “No;” and the answer alleged that this representation was false and fraudulent in this, that incendiary danger was apprehended by the applicant. A demurrer to the answer was overruled, and the Court instructed the jury in effect that if the fact alleged was proved, they should find for the defendant. Held, no error.</p> <p>Id.—Id.—Id.—Materiality op Evidence.—On the trial, the testimony of a witness, that the premises had been partly burned prior to the application, was admitted over the objection of the plaintiff. Held,, that the Court was not prepared to say that this circumstance—though in itself of trifling import—in no degree tended to show that the applicant had apprehension of incendiarism.</p>