Floyd Baldwin v. Bankers & Shippers Insurance Company of New York

Appellant had stored in a warehouse situate in Redwood City, California, painting equipment and supplies. He carried insurance in the sum of $5,000. The warehouse and certain of the contents were destroyed by fire. Appellant filed a claim for reimbursement under the policy and made a sworn statement of proof of loss wherein he fixed the cash value of the property in the warehouse at $9,053.80 and the damage thereto in the sum of $7,908.80. He stated that the cause of the fire was unknown. Appellee disagreed with the proof of loss, rejected appellant’s claim for reimbursement and appellant brought this action for recovery. On this, appeal we are confronted with no more than questions of fact found by the trial court adversely to appellant. The findings of the trial court are supported by substantial evidence and are not clearly erroneous. This leaves us with but one course open, that is, to affirm the judgment.

The insurance policy contains the following provision: “Matters Avoiding Policy. This entire policy shall be void: (a) if the insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof; or, (b) in case of any…