176 Ind. 308 | Ind. | 1911
Thirteen reasons were assigned in appellant’s motion for a new trial. Those not waived will be considered in their order.
“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.”
Appellant’s answer consisted solely of a general denial. There was no issue of fraud in the case, and consequently evidence of fraud was not relevant to the issues, and all instructions relating to this subject were correctly refused.
5. There is a provision in the policy that, in the event of disagreement as to the amount of loss, it shall be ascertained by two disinterested appraisers, and that no action shall be brought unless this requirement has been complied with.