269 F. 376 | 9th Cir. | 1920
(after stating the facts as above).
Many states have adopted similar statutes, the object whereof is to require that the whole agreement between the insurer and insured
The court helow relied upon Joyce on Insurance, § 190, which declares that such statutes must be complied with; otherwise the application and all testimony relating thereto will be excluded, so that an application which is not made according to the policy or shown by it in any way cannot be considered. The text-writer was there referring •to cases in which liability under contracts of insurance is either asserted or assailed in actions in court, and the decisions to which he refers are all in cases of that character. The same is true of the cases cited by the appellee herein.
“That the time of sailing is often very material to the risk cannot be denied.”
The decree is reversed, and the cause remanded to the court below for further proceedings.