R v The Royal Insurance Company
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1865 |
| Date | 01 January 1865 |
| Court | Crown Court |
English Reports Citation: 176 E.R. 843
MAIDSTONE CROWN COURT.
4 P. & F. 905. BRITTON V. THE ROYAL INSURANCE COMPANY 843 [905] Maidstone Cml Court, Kent Summer Assizes, 1866, cot am Willes, J britton v. the royal insurance company. (A contract of fire insurance being a contract of indemnity, on which the assured is only entitled to recover the value of the property destroyed , and wilful misrepresentation of the value of the property destroyed will-under the usual condition against fraudulent claims-defeat and vitiate the whole claim. In an action on a fire insurance policy, containing the usual condition that it should become void in the event of a fraudulent claim the company setting up, m defence, both fraud and arson :-the jury being advised by the Judge that, as the case, as to arson, was only one of suspicion, they should decide rather upon the case as to fraud they were also directed, that if they were satisfied that the claim was wilfully false and fraudulent, they should find for the company upon the plea of fraud.) Action on an insurance upon stock and furniture Declaration on a policy of insurance against loss or damage by fire, effected m June, 1865, to the amount of 550? ; upon household furniture, trade fixtures, and stock-in-trade Averment, that the plaintiff was interested in property, &c , to the value insured, and that, while insured, the same was burnt, and destroyed by fire, whereby he suffered damage to the amounts specified Plea 1. That the plaintiff was not interested, as alleged 2. That the property was not destroyed by fire, as alleged. 3. That the policy was upon condition that the same should be void in the event of a fraudulent claim by the assured, and that the assured made a false and fraudulent claim and account of his loss, and represented that his loss was 550/ , whereas it was not so, as he knew. 4. That the plaintiff feloniously and maliciously, and with intent thereby to defraud the company, set fire to the house and shop in which the property insured was placed, whereby the property was burnt. Issue. Parry, Serjt , and F J Smith for the plaintiff. [908} M. Chambers, Raymond, and Watkin Williams fot the company The plaintiff carried on business at Chatham as a clothier and outfitter His insurance was-on his household furniture, v,earing apparel, and effects, 50/ , trade fixtures, 50/ , and stock-in-trade, 450/ , making altogether 550/ It was opened that he had had two fires before, on both occasions he having been insured in the Phffimx and the Alliance. He had also changed las name The fite now in question occurred on the 13th of March last There was very little salvage The plaintiff stated his loss at a sum far exceeding the amount of his insurance, uicleed, above 700Z , and he therefore claimed the entire sum insuied The company made investigations, and having discovered what they deemed indications of fraud, and also the circumstance of the two former fires, and the change of name, they resisted payment on the ground of fraud In May this action was brought, and that defence was set up , but in July...
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