Sweat v. Piscataquis Mutual Insurance

Supreme Judicial Court of Maine

Sweat v. Piscataquis Mutual Insurance

8 A. 457, 79 Me. 109, 1887 Me. LEXIS 26

DecidedFebruary 12, 1887

StatusPublished

This text of 8 A. 457 (Sweat v. Piscataquis Mutual Insurance) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweat v. Piscataquis Mutual Insurance, 8 A. 457, 79 Me. 109, 1887 Me. LEXIS 26 (Me. 1887).

Pincite

Opinion

Walton, J.

Whether an erroneous description or misrepresentation of title in an application for insurance is or is not material, is a question of fact for the jury and not a question of law for the court. In this case, the plaintiff, in her application for insurance, stated that the property was unincumbered, when in fact, there was a mortgage upon it. The presiding judge instructed the jury that this misrepresentation was not material. This was error. The materiality of the misrepresentation should have been submitted to the jury. R. S., c. 49, § 20; Bellatty v. Ins. Co. 61 Maine, 414.

Exceptions sustained. New trial granted.

Peters, C. J., Danforth, Emery, Foster and Haskell, JJ., concurred.

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Walton, J.

Whether an erroneous description or misrepresentation of title in an application for insurance is or is not material, is a question of fact for the jury and not a question of law for the court. In this case, the plaintiff, in her application for insurance, stated that the property was unincumbered, when in fact, there was a mortgage upon it. The presiding judge instructed the jury that this misrepresentation was not material. This was error. The materiality of the misrepresentation should have been submitted to the jury. R. S., c. 49, § 20; Bellatty v. Ins. Co. 61 Maine, 414.

Exceptions sustained. New trial granted.

Peters, C. J., Danforth, Emery, Foster and Haskell, JJ., concurred.

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Bluebook (online)

8 A. 457, 79 Me. 109, 1887 Me. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweat-v-piscataquis-mutual-insurance-me-1887.