Arenbrust

An award was made by the Industrial Accident Commission in favor of respondent Emily Jane Moffett and against petitioner Pacific Employers Insurance Company on account of the accidental death of Mrs. Moffett’s son, the award being based upon a finding that on September 2, 1926, at Stockton, California, “while in the employ of the defendant Dennis Loran, named herein as one of the firm of Arenbrust, Farahan and Loran, at which time the employer was insured against liability,” the deceased sustained injuries arising out of and in the course of said employment which proximatcly caused his immediate death. Said insurance company now seeks by this proceeding in certiorari to have the award annulled, the main contention being that the contract of insurance under which its liability attaches was vitiated by false representations made by the assureds as to the existence of said firm as a co-partnership.

The policy was issued by the company at its San Francisco office, upon a written application prepared by or under the direction of Alan B. Hicks, the company’s licensed agent at Stockton, and forwarded by him to the San Francisco office, the assureds taking no part in the preparation…