Washington Fire Relief Ass'n v. Albro

Citations

• 130 Wash. 114
• 226 P. 264
• 1924 Wash. LEXIS 822

Syllabus

<p>Insurance (179) — Actions on Policy — Fraud—Other Insurance —Evidence—Admissibility. In an action hy an insurance company to recover money paid on a fire insurance policy, paid on the fraudulent representation that there was no other insurance on the property, the written application is inadmissible where the company failed to deliver a copy with the policy as required by Rem. Comp. Stat., § 7075, in order to make it a part of the contract; but such failure does not preclude the company from showing false oral representations as to other insurance, where the policy itself provided that other insurance would avoid the policy; the strict rules of evidence being relaxed in actions for fraud in order to show every material circumstance.</p> <p>Same (179). In such action, testimony that the value of the insured property was a great deal less than the total insurance on it is admissible to show fraudulent intent.</p>