62 Ind. App. 15 | Ind. Ct. App. | 1916
This was an action to recover on a policy of insurance issued to appellee by appellant on the life of a mare named “Dove.” In its second paragraph of answer, appellant averred that the policy provided that “the perils indemnified against by this policy do not include death from any cause where the assured does not render forthwith by telegraph or telephone” to the company at its home office, notice of any sickness or accident of the animal insured; that the horse became sick at two o’clock in the afternoon, and died that night at midnight, but appellee did not render notice of the sickness until after the animal’s death. In its third paragraph, it averred that appellee warranted in his application for insurance that he had mortgaged the horse for $75, when in fact it was mortgaged for $91. In its- fourth paragraph, it was alleged that appellee warranted that he had not lost any live stock in the two years last past, but that he had lost two animals in the two years last past. There was a reply in general denial and that appellant was estopped to rely upon the breach of warranty for the reason that appellant’s agent had prepared the application and that appellee 'had given correct answers as to the facts. Appellee recovered judgment for $101.87 and costs. The only error assigned is the overruling of appellant’s motion for new trial.
Note. — Reported in 111 N. E. 18. When concealment or misrepresentation avoids insurance policy, 35 Am. Rep. 629. Effect of agent’s insertion in tke application of false answers to questions correctly answered by the insured, 4 L. R. A. (N. S ) 607; L. R. A. 1915 A 273. Effect of falsity wken due to misconstruction of facts by insurer’s agent, 16 L. R. A. 38.