I. The main and controlling’ proposition in the case is what ivas the intent of the parties, and whether or not the policy of insurance should be reformed. Other questions are subsidiary to the main question.
The property which was destroyed by fire was owned jointly by plaintiffs Den Hartog and Neal Jábaai. The policy in question insured the property in the name of Den Hartog as
Prior to March 5, 1920, plaintiff Peter Van Hemert was the owner of an 80-aere farm, on which, the building destroyed by fire on July 11, 1921, was located. Den Hartog and Jabaai purchased the farm from Van Hemert sometime prior to March 5, 1920, and Van Hemert assigned to Den Hartog and Jabaai a policy of insurance in a company other than defendant company, upon the house and barn located on the farm, which assignment was approved by the company. This policy expired March 1, 1921.
II. Den Hartog testified that, sometime prior to March 1, 1921, he and Jabaai agreed on taking out new insurance, as the policy assigned to them by Van Hemert would expire March 1, 1921; that in February he met Van Houweling, agent of defendant company, and told him “we were wanting to take out insurance on a farm I had at Otley. I .spoke to Van Houweling and told him we were intending to take insurance,” and that “Mr. Jabaai, my brother-in-law, would come to Pella about the 1st of March and pay my rent, and we would take out insurance at that time.” Witness further stated that, on March 1, 1921, he again mentioned Jabaai to Van Houweling, telling him that they had been looking for him, and that they had been talking about taking insurance, and arranged that they would take less insurance on the house and more on the barn. In this conversation Den Hartog said to Van Houweling, “We bought the place.” In the conversation on the 1st of March, Den Hartog told Van Houweling that “we had been looking for him and could not locate him;” that “my brother-in-law, Neal Jabaai, has gone home, — he has lots of work at home. ’ ’ Witness further testified that he told Van Ho\iweling that he would take him to
Van Houweling, who was the agent of defendant and negotiated the insurance, testified that he met Den Hartog in Pella; that Den Hartog said he had decided to take out insurance, and spoke of his brother-in-law, Jabaai, and spoke something about his brother-in-law’s being in Pella and looking for him, and that he went back home; that he and Den Hartog talked about going out to see the place; that he inquired whether it would be necessary to go out and see the property or not, and said to Den Hartog that, if he had the size and location of the property and the estimation of value, etc., the insurance could be fixed up that day; that he inquired of. Den Hartog if he had an old policy which he could copy from, and he said he had, and handed him the old policy; that he, Van Houweling, then said to Den Hartog, “We can fix that'up right now;” that Den Hartog told him he wanted a $2,000 policy, $800 on the house and the rest on the barn and other buildings; that “upon that I told him if he would sign the application that would let him off, that I thought I could copy it off, the balance of what I needed, off
In relating the conversation between him and Den Hartog, Van Houweling further said:
“I could not state under oath that Mr. Den Hartog told me or wrote to me that he was the sole and only owner. I could not state to the court that he said nothing about Mr. Jabaai having a joint interest. I do not know whether the plaintiff Den Hartog or anyone had an interest except himself. I would not want to swear one way or the other. I did not ask him all the questions on the application.”
In speaking of the data which was furnished by the applicant, Van Houweling testified that he told Den-Hartog, “If we only had the old policy, we could take everything from that.” Witness further testified:
“The application was signed in blank, and I did all the filling afterwards; "and I had the old policy before me, and examined it and took my data from it. I did not see the assignment there by Peter Van Hemert. The old policy was left to prepare from.”
It is also well settled that, in case a mistake is made, due to the negligence of the agent of the insurer, acting within the scope of his employment, a satisfactory ground for reformation is present. Salmon v. Farm Property Mut. Ins. Assn.,
It is universally held, so far as we have discovered, that the insurer will not be permitted to avoid the policy by taking ádvantage of a misstatement in the application, material to the risk, which is due to mistake or negligence of its agent, and not to fraud or bad faith on the part of the insured. Young & Co. v. Hartford Fire Ins. Co., 45 Iowa 377; Stone v. Hawkeye Ins. Co., 68 Iowa 737; Dodge v. Grain Shippers’ Mut. Fire Ins. Assn., 176 Iowa 316.
IV. We think Den Hartog was not guilty of negligence in signing the application in blank, upon request of the agent. Fitchner v. Fidelity Mut. Fire Assn., supra. The application was signed in blank by Den Hartog, and filled out by the agent from data furnished him, and Den Hartog never saw the completed application. Under this situation, we think the company is estopped from asserting misrepresentation.
It can hardly be said that the evidence is conflicting. Ap-pellee Den Hartog as a witness relates the transactions occurring previous to and on March 1, 1921. Van Houweling, appellant’s agent, in his testimony does not directly deny any of the statements made by Den Hartog. What Aan Houweling does remember of the transaction affirms Den Hartog’s testimony. The record disclosed that Den Hartog and Jabaai jointly owned a farm which they purchased from Peter Van Hemert. Jabaai was in possession of the farm, paying a rental to Den Hartog for use of Den Hartog’s undivided one-half interest in the farm. The insurance policy held by Van Hemert and assigned to Den Hartog and Jabaai would expire on March 1st, and Den Hartog and Jabaai were considering taking out new insurance. With this in mind, Den Hartog talked with the agent, Van Houweling, during the latter part of February, 1921, about taking out new insurance. Den Hartog said to the agent:
*148 “We were wanting’ to take out insurance on a farm I had at Otley; we were intending to take out insurance. Mr. Jabaai, my brother-in-law, would come to Pella about the 1st of March and pay my rent, and we would take insurance at that time. ’ ’
Counsel for appellant, with some plausibility, argues that Den Hartog’s statement to Van Houweling that “Jabaai would come to Pella to pay rent, and we would take insurance at that time,” might have been taken by Van Houweling to mean that Den Hartog wanted to get the rent from Jabaai before taking out insurance, and that, in the statements made by Den Hartog the next day, that “we have been looking for you, and could not locate you,” and that “my brother-in-law has gone home,” there is nothing to impart knowledge that Jabaai owned a one-half interest in the farm. Also, it is argued that, when Den Hartog mentioned “a farm 1 had at Otley,” and “my rent,” the agent was justified in concluding that Den Hartog was the sole owner of the land and buildings thereon.
"We think there is nothing unusual in a man’s referring to a farm in which he has an undivided interest as “the farm I own;” nor is it unusual for a man to receive rent for his undivided interest in a farm. We think it should have been clear to the agent, Van Houweling, when Den Hartog said to him, “We were wanting insurance,” “we were intending to take insurance,” “we would take the insurance,” that Den Hartog intended and expected to insure the interests of both himself and Jabaai in the property. Now, concerning this conversation Yan Houweling testified:
“He [Den Hartog] spoke something about his insurance, that they had tallied of taking out on his farm. I could not state to the court that he said nothing about Jabaai having a joint interest in that property.”
Further, in the conversation just before Den Hartog handed the old policy to Yan Houweling, Den Hartog stated to Yan Houweling that he could not recall the dimensions, of the house, and said, “We bought the place, and I will take you over and we can fix it up then.” We think the record shows that there was no evasion or concealment on the part of Den Hartog concerning the property, but that he did everything within his power to assist the agent in getting the data required. The
Counsel for appellant argues that Den Hartog was negligent because he signed the application in blank. Complete answer to that argument is, we think, that Den Hartog signed the application in blank, without reading it, at the request of and in reliance upon the agent to properly prepare the application. What is said in Fitchner v. Fidelity Mut. Fire Assn., supra, is illuminating, and we think controlling, on this proposition.
We think there can be no question but that it was the intention of the parties that the persons to be insured against loss of the building which burned were the owners thereof, Den Hartog and Jabaai.
We reach the conclusion that the evidence warrants reformation of the contract of insurance so as to include appellee Jabaai as a joint owner, of the property with Den Hartog.
Judgment of the court below is affirmed. — Affirmed.