Va. Fire & Marine Insurance v. Vaughan

Citations

• 88 Va. 832
• 14 S.E. 754
• 1892 Va. LEXIS 36

Syllabus

<p>1. Insurance Policies—Transfer of interest,.—Where one partner of insured firm transfers his interest in insured property to the other partner, recovery for loss thereof is not barred by reason of clause in policy forbidding any change in the title or interest of insured.</p> <p>2. Idem— Material alteration of-invoices—Case at bar.-—False answer as to any fact material to the enquiry into amount of loss, wilfully made to deceive insurer, is fraudulent and within clause providing that policy shall he invalid for any false Swearing, fraud, or attempt at fraud, by insured in support of his claim for loss or in the proofs of loss. Here insurer, having proved that the invoices had been materially and fraudulently altered;</p> <p>Held :</p> <p>No recovery can be had by insured.</p> <p>3. Practice at Law—Service.— Commencement of salí.—Service of summons on defendant’s agent having been made within ten days of return day, and suit having been remanded to rules to he properly matured, and an alias summons having been issued and duly served;</p> <p>Held :</p> <p>Commencement of suit was the issuance of the original summons, and saved the suit from being barred by the limitation clause in the policy.</p>