Virginia F. & M. Insurance Co. v. Morgan

Citations

• 90 Va. 290
• 18 S.E. 191
• 1893 Va. LEXIS 48

Syllabus

<p>1. Insurance — Warranties.—A warranty is an agreement in the nature of a condition precedent, and like that must be strictly complied with, whether material or not. Ins. Co. v. West, 76 Va. 675.</p> <p>2. Idem — Conditions—Iron Safe Clause. — In application for policy of fire insurance insured was asked if he would keep his account books in an iron safe, or secure in another building. He answered in the affirmative.</p> <p>Held:</p> <p>The statement was a warranty.</p> <p>3. Idem — Parol evidence. — As parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written contract, an insured who could not read English will not be permitted, in the absence of fraud, to prove that his application was filled up by the agent, that he was not questioned as to his books; that he did not tell him he would keep his books in an iron safe or secure in another building, and that the questions and answers were not read to him. Ins. Co. v. Yales, 28 Graft. 585.</p>