69 Iowa 202 | Iowa | 1886
Lead Opinion
The property insured was destroyed by fire, and consisted of “one frame barn, hay, grain, mowing-machine, wagons, carriages, farming utensils, and one threshing-machine in said barn; also work horses and live-stock in barn-yard or on farm, — all situated and being in the-quarter, section 36, township 78, range 34, county of Polk, Iowa.” In the application for insurance the property is described substantially as above stated, and among other questions asked and answered in the application by the assured is the following: “Are you the sole and undisputed owner of said land and the property to be insured?” This question the assured answered, “Yes.” The statements in the application were, by both the policy and application, made warranties. The assured was the owner of a life-estate only in the real estate.
The facts in Plath v. Minnesota Farmers’ Mut. Fire Ins. Ass’n, 23 Minn., 479, were precisely the same as in the case at bar, and it is there said: “It is well settled by a uniform current of authority that a contract of insurance of this character is an entirety and indivisible; the sole effect of the apportionment of the amount of insurance upon the separate and distinct items of property named in the policy being to limit the extent of the insurer’s risk, as to each item, to the sum specified.” In support of this view, a large number of adjudged cases are cited. In addition thereto, see Schumitsch v. American Ins. Co., 48 Wis., 26; S. C., 3 N. W. Rep., 595; and Ætna Ins. Co. v. Resh, 44 Mich., 55; S. C., 6 N. W. Rep., 114. The judgment of the circuit court on the plaintiff’s appeal is affirmed, and on the defendant’s appeal, reversed.
Dissenting Opinion
dissenting. — The application for the insurance contains a warranty that plaintiff is “the sole and undisputed owner” of the land and the property insured. Defendants insist that, as plaintiff held only a life-estate in the realty, this warranty is violated. It cannot be doubted that a tenant for life has an insurable interest in buildings situated on
But is the declaration in the application that the insured is the “sole and undisputed owner” of the property insured false, and is plaintiff’s warranty therefore violated? An owner of property is one who owns it, who is the rightful proprietor, or who holds the legal and rightful title to it, whether in or out of possession. See Webst. Diet. The term does not refer to the extent, quantity, or nature of the interest in property, but to the numbers of owners of the interest. A. may hold the fee-simple title. He is the owner of the absolute estate. B. holds a life-estate. He owns the interest indicated by his tenure. Both are owners, and both hold legal and rightful titles. But the respective titles do not
The language of the question asked by the defendant in the application of plaintiff cannot be understood as relating to the title or tenure of the plaintiff. It can only be understood as inquiring whether the plaintiff owned an interest in the property, — -not the nature and extent of that interest, — and whether any other person had property with him in that interest. In our opinion, the plaintiff’s answer that he is the sole owner of the property cannot be regarded as false. See Eland. Ins., 299.
This case is distinguished from Davis v. Iowa State Ins. Co., 67 Iowa, 494, by the fact that the interest of the assured in the property covered by the policy was required to be made known in that case, whether such interest was a leasehold or other interest not absolute. The applicant holding a life-estate stated that no person other than herself was interested in the property. This representation was untrue, for there was an interest in the property by another. Upon these grounds I dissent to the foregoing opinion of the majority of the court.