Rankin v. Amazon Insurance Co.

Fire Insurance — Policy — Reference to Survey — Warranty — Representation — Rescission. — Where a fire insurance policy refers for further particulars to the application and to a survey and diagram on file, described “ as furnished by and made a warranty on the part of the assured, and made a part of the policy,” the fact that the survey and diagram were not furnished until after the policy was delivered, a'though it might prevent them from operating as a warranty under section 2605 of the Civil Code, does not destroy their effect as a representation of facts made as an inducement for the issuance of the policy, and as such they are evidence which the jury should consider upon an issue as to rescission of the policy.

Id. —Policy Payable to Creditors — Promise op Creditors — Authority for Survey, and Diagram—Agency for Owners.—The plaintiffs, creditors of the assured and payees of the policy, having promised to furnish the survey and diagram referred to in the policy, and they having been furnished in accordance with their agreement, and having become a part of the contract, could not object to their introduction in evidence on the ground that the agents who signed them for the owners of the insured property as applicants had no authority to act on behalf of the owners.

Id. — Falsity of Material Representations — Rescission of Policy —. Cancellation. — If any of the material representations of an applicant for fire insurance, made as an inducement for the issuance of the policy, are false, the tender by the insurer of the premium, and notice that the policy was canceled, before the commencement of a suit by the insured, operates to rescind the contract, and will defeat the suit.

Id.—Employment of Watchman — Non-fulfillment of Condition — Question of Law. — A condition in a policy of insurance upon a mill, that during such time as the mill is idle a watchman shall he employed by the insured “to be in and about the premises day and night, ” is broken if during the time that the mill was idle but one watchman was employed, who was not instructed to watch the mill at night, and who slept every night in a building distant three or four hundred feet from the mill; and upon such a state of facts it is error to submit to the jury the question whether the insured had performed the conditions of the contract.

Id. — Construction of Policy. — Where the language of a policy is ambiguous, it is to be construed most strongly against the insurer, hut where there is no ambiguity, it must be construed, like any other contract, according to the intention of the parties.

Id. — Night-watchman. — A man employed to watch in the daytime, and who is permitted to sleep at night, is not a watchman at night.

Id.—Negligence of Watchman — Employment in Good Faith.—Although a loss occasioned by the mere fault or negligence of the watchman, unaffected by fraud or design on the part of the insured, is within the protection of the policy, yet, to entitle the insured to recover, it must appear that he has in good faith employed a watchman to perform the duties required by the terms of the policy.