Workman v. Royal Exchange Assurance

Citations

• 96 Wash. 559
• 165 P. 488
• 1917 Wash. LEXIS 620

Syllabus

<p>Insurance — Misrepresentations — Other Insurance — Intent to Deceive — Statutes. Representations by assured that there had been another policy upon the property, which policy had been left with one C., and that he did not know whether it was in force or not, will not avoid a policy of fire insurance containing a provision that it shall be void in case of any other insurance on the property, in view of Rem. Code, § 6059-34, providing that no misrepresentations or warranties made in a negotiation of insurance shall be deemed material or avoid the policy unless such representation is made with intent to deceive; since the representations were not made with intent to deceive and did not contribute to the loss, and it was the duty of the agents to ascertain whether the other insurance was in force.</p> <p>Insurance — Fire Insurance — Policy — Breach op Conditions— Other Insurance. Notwithstanding Rem. Code, § 6059-106, requiring all fire insurance policies to be issued on the New York standard form, and Id., § 6059-191, making it a penal offense to use any other form, there may be an oral waiver of the standard form provision to the effect that the policy shall be void in case of other insurance; in view of 3 Rem. & Bal. Code, § 6059-34, which provides that no oral or written misrepresentation or warranties made in the negotiation shall be deemed material or avoid the policy unless made with intent to deceive nor unless the breach existed at the time of the loss and contributed thereto.</p> <p>Insurance — Policy—Conditions—Watver. A provision in a fire insurance policy, prohibiting other insurance, is waived where the agents were notified that there had been other insurance, and wrote the policy and accepted the premiums without ascertaining whether the prior insurance was in force; since their knowledge must be imputed to the insurance company.</p>