189 Iowa 1051 | Iowa | 1920
The defendant, a mutual insurance company, issued its policy January 9, 1917, covering an automobile described as:
l. insurance : non-necesreforma tion. “Made by Velie Co., Year 1914, No. of cylinders 4, Car No. 17217, Model ......, Horsepower ......25. How equipped, — Fully. Car is usually kept in a private garage on Lot......, Block......in......Addition to......or on !.....quarter section, x Township 71, Range 21, in Benson Township, Lucas County, Iowa. Kind of work for which car is used, family car. Is the car new or secondhand, 2 years old. Amount paid for car, including equipment, $800. Year of purchase, 191(1. Month, October. Was the consideration cash or trade? Both. If trade, describe fully what was given in exchange. Ford car and cash consideration.”
The automobile was, in fact, kept in a lean-to to the insured’s barn, and was burned with the barn on the February 10th following the issuance of the policy. Proofs of loss were furnished, but the company refused payment of the loss, on the ground that the car destroyed Avas not that of insured. Suit Avas begun, praying that the policy be, reformed by correcting the number thereof, and that judgment be entered for the indemnity stipulated.
I. The evidence disclosed that, AAdien the application Avas signed by the insured, the number of the automobile Avas not inserted therein, as he did not remember it. He and the agent arranged that this should be done1 by the latter later on; and, on the morning folloAving, the insured notified the agent, on information furnished by his son, that the number Avas 17217; and this number Avas Avritten in the application by the agent. It Avas discovered after the loss, though before the petition was filed, that this number avrs not that of the license plate furnished by the secre
II. The company interposed the defenses; (1) That it was induced to issue the policy by fraudulent representations ; (2) that the automobile ivas not kept in a garage, as represented; (3) that the value of the car did not exceed
“These garages occupy, with relation to automobiles, the same place that stables do with regard to horses.”
But the word “garage” is not to be regarded as synonymous with “stable,” nor is a clause in a contract prohibiting the erection of a “stable” to be held breached by the construction of a garage thereon. Riverbank Imp. Co. v. Ban
The decree of the district court is — Affirmed.