145 A. 42 | Conn. | 1929
The policy upon which the action is based contains the following provision: "This entire policy shall be void . . . in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss."
The plaintiff makes, by reference, the same argument and cites the same authorities presented in the companion case upon the alleged fraudulent concealment of the plaintiff through its agent, Scofield, as to the claim of the defendant of the false swearing of plaintiff in the proofs of loss. The conclusions reached in the companion case are determinative, in the principles there applied, of this case. The presentation of a false claim of loss by an insured is a fraud upon the insurer, within the terms and meaning of this provision of the contract of insurance, and voids the contract. This provision is a part of the standard form of a fire insurance policy. General Statutes, § 4075. The fraud or false swearing by an assured after a loss which will bar recovery for the loss is the intentionally made false and fraudulent statements or the intentionally false swearing. Where the false swearing was not intentionally false, or the false statement not intentionally so, but made through mistake or an opinion honestly entertained, neither falls within the term "fraud or false swearing" as used in this provision. New York has the same standard form of fire insurance policy and has so held. Domagalski v. Springfield F. M. Ins. Co.,
The plaintiff cannot escape responsibility for the fraud of its agent Scofield by showing its ignorance of his fraud. It entrusted the settlement of this loss and the making up of the proofs of loss to its agent; it cannot be permitted to deny its responsibility for his acts when done within the scope of his agency. It cannot sustain its action upon the policy without adopting the fraud of Scofield and this the law will not sanction.Mullin v. Vermont Mutual Fire Ins. Co.,
There is no error.
In this opinion the other judges concurred.