A Selection of Cases On the Law of Insurance Especially Fire Life Accident M
A Selection of Cases On the Law of Insurance Especially Fire Life Accident M
George Richards
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Lawrence County Mutual Insurance Company, 10 Barbour, 285. The application of the insured, which formed a part of the policy, described erroneously the buildings which were within a certain distance of the premises. Here the same circumstance was relied on as a defense which has been set up in the present case; namely, that the agent of the defendants had full knowledge of the situation of the premises and its neighborhood, and that he drew the application, and specified in it such buildings as... he chose. This defense was overruled, and the defendants had judgment. With respect to the case of Plumb v. The Cattaraugus County Mutual Insurance Company, 18 N. Y. 392, to which we were referred by counsel, my answer is twofold: first, that I cannot assent to the doctrine on which that judgment is founded; and, in the second place, that doctrine, if correct, could have no application to the facts now under consideration. In the case from New York here referred to, there was, in the application for the policy, a misdescription of the distance of the adjacent buildings from the premises insured, and to this defense the reply was, that the agent of the company had made the measurements, and had obtained the signature of the plaintiff on the assurance "that the application was all right, and jtist as it should be.
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