Stanley v. Belt Automobile Indemnity Ass'n

Citations

• 112 Kan. 412
• 210 P. 1096
• 1922 Kan. LEXIS 460

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Auto Insurance — Loss by Fire■ — Waiver of Warranty by Insurer. In construing policies of insurance the rule is that notwithstanding the agreement of parties a warranty may, by reason of facts and circumstances, be regarded as waived by the company, or, which amounts to the same thing, the company may be estopped to rely upon the warranty.</p> <p>2. Same — Notice of Facts Chargeable to Insurance Company. An insurance company cannot defend on the ground that the policy was void at its inception if it had knowledge of the facts when it executed the contract and took the premium.</p> <p>3. Same. On general principles, a knowledge which would be sufficient to lead any prudent person to inquire about the matter, when it could easily be ascertained, will be regarded as a knowledge of the fact, because the courts will not impute to the company the fraudulent intent to deliver and receive pay for an invalid policy.</p> <p>4. Same — Misdescription of Car Insured — No Fraudulent Intent. In an action to recover on a fire insurance policy covering a used automobile, where the' defense Was that the application falsely warranted that the car was a 1918 model and that the owner had paid a certain price for it, held, on the facts stated in the opinion, there was evidence sufficient to warrant the jury in finding that there Was no purpose of evasion in the representations.</p> <p>5. Same — Attorney’s Fee Properly Allowed. Section 5479 of the General Statutes of 1915, authorizing the allowance of an attorney’s fees in all actions in whiqh judgment is rendered against an insurance company on a policy insuring personal property, is broad enough to authorize the allowance of an attorney’s fee in actions brought against mutual indemnity associations insuring personal property.</p>