Taylor v. American Liability Co., 5685.
| Decision Date | 10 April 1931 |
| Docket Number | No. 5685.,5685. |
| Citation | 48 F.2d 592 |
| Parties | TAYLOR et al. v. AMERICAN LIABILITY CO. |
| Court | U.S. Court of Appeals — Sixth Circuit |
J. Smith Hays and D. L. Pendleton, both of Winchester, Ky. (M. C. Redwine, V. W. Bush, and H. T. Lisle, all of Winchester, Ky., on the brief), for appellants.
B. R. Jouett, of Winchester, Ky. (John T. Metcalf and Jouett & Metcalf, all of Winchester, Ky., on the brief), for appellee.
Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.
This was originally an action by the insurer to cancel a policy of automobile liability insurance because of misrepresentations material to the risk in the schedule of warranties. The defendant filed his answer and by counterclaim also sought judgment for a policy loss which he is alleged to have suffered. When the case was called for trial, the two issues, at law and in equity, were submitted together, a jury being waived by stipulation as to the issue at law, i. e., the counterclaim. The "Decree" held that the complainant was entitled to cancellation, which was granted, and further held that the defendants "are not entitled to recover anything from this complainant upon their Answer and Counterclaim * * * presented in this action." Since the latter holding must necessarily follow as a result of or concomitant to the first, we treat the appeal as one in equity, and the only question raised as that of a right in the insurer to cancellation.
The schedule of warranties, being part 6 of the policy, contained the following: and It is not disputed that these representations were material to the risk and that the answers were false. The defense is that the soliciting agent made no inquiries whatever with reference to this subject-matter, but himself inserted the answers knowing them to be false, and that the insured did not read the policy nor know of the representations which he was apparently charged with making.
This defense cannot prevail. The case is, we think, controlled by our decisions in Columbian Nat. Life Ins. Co. v. Harrison (C. C. A.) 12 F.(2d) 986, and Maryland Casualty Co. v. Eddy (C. C. A.) 239 F. 477. The policyholder is held strictly to knowledge of the contents of his policy (New York Life Ins. Co. v. Fletcher, 117 U. S. 519, 534, 6 S. Ct. 837, 29 L. Ed. 934; Lumber...
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