Tischler v. Cal. Farmers' Mut. Fire Ins. Co.

Citations

• 66 Cal. 178
• 4 P. 1169
• 1884 Cal. LEXIS 721

Syllabus

<p>■ Insurance Policy—Application for Insurance.—In an action upon a fire insurance policy, the plaintiff need not allege in his complaint the terms of the application for insurance, when the application was verbal, and was not required by the provisions of the policy to be in writing.</p> <p>Id.—Pleading—Incrkvse of Risk—Defense.—Where a clause of a policy provides that it shall be void, “ if the risk be increased by any means, ” the fact that there was an increase of risk by the act of the assured is an affirmative defense, and must be set up in the answer.</p> <p>Id.—Stipulation against Gunpowder—Eirewoeks.—The plaintiff kept fireworks upon the insured premises; Held, that this was not a violation of a clause of the policy prohibiting the keeping or using of gunpowder upon the premises.</p>