Wytheville Ins. v. Stultz

Citations

• 87 Va. 629
• 13 S.E. 77
• 1891 Va. LEXIS 115

Syllabus

<p>1. Insurance Company—Service of process.—Where company doing business both in banking and insurance, is sued on a policy in county where the insured property lies, and there is no agent residing there on whom process may be served, an order of publication is proper.</p> <p>2. Evidence—Irrelevant.—The refusal of court to compel witness to disclose matters not relevant to the issue: held, no error.</p> <p>8. Disclosures op Assured.—Assured is bound only to disclose such matters as may be inquired about, and not particulars of his title not inquired about, unless such disclosure is required by a condition of the policy.</p> <p>4. Knowledge op Insurer.—Where the agent is acquainted with the location of the property before taking the risk, no misstatement in the assured’s application can be set up by the insurer.</p> <p>5. Oral Applications— Warranty.—Verbal statements of the assured, not false, fraudulent and material to the risk, do not vitiate the policy.</p> <p>6. Motion for New Trial—Case at bar.—Upon the evidence certified in the case here (considered as a demurrer to the evidence): held, no error in refusing to grant new trial. •</p>