Pacific Capital, Inc. v. Allied American Underwriters

The defendants issued to plaintiff’s assignor, Kingman Manufacturing Company, a fire insur anee policy on property described therein “while contained in, on or about the premises owned, leased or occupied by the assured, situate; #2000 Bast 52nd Street, Vernon, California”. Under the heading of “exceptions” in said policy, were exceptions in which it was provided that the insurance did not cover pig iron, cast iron, and some other specified articles. While this policy was in force the building and contents were destroyed by fire, and this action followed a refusal of defendants to pay and satisfy the claim of loss. Judgment having been entered in favor of plaintiff, the defendants appeal therefrom.

The argument in support of the appeal raises only two points. These are that the court erred in failing to find on two special defenses pleaded by the defendant; and that the plaintiff is not entitled to recover in any event, because false swearing on the part of the insured voided the entire policy. The “second special defense” rests upon the terms of the policy (Rep. Trans., p. 70), which provide “that this entire policy shall be void ... in case of any fraud or false swearing by the…