Majority
Aoos
PANY (DEFENDANTS)................
*May AND
*June 2. ANNIE E. HARRISON AND CUTH- BERT HARRISON (PLAINTIFFS)...
ON APPEAL FROM THE SUPREME COURT O' NOVA SCOTIA. J.-The application in this case forwarded to the head office of the company, and forming the basis of the contract of insurance, contair ed the following:
Judgment of the Court
The evidence discloses that the insured had had, prior to the application for insurance, three fires while living on the same property, in which his property had been destroyed.
The answer is therefore untruthful, and we hold material, and under the first statutory condition precludes recovery in this action.
It is unnecessary to consider the other points raised on this appeal.
Appeal allowed with costs in all courts.
Appeal allowed with costs.