Detroit Co. v. Gagliardi

2 Citing cases

  1. Eagle Co. v. Gagliardi

    32 P.2d 840 (Colo. 1934)

    1. INSURANCE — Fraud — Evidence. This case ruled by the opinion in Detroit F. M. Ins. Co. v. Gagliardi, 94 Colo. 453. Error to the District Court of Las Animas County, Hon. A. F. Hollenbeck, Judge.

  2. Northwestern Nat'l Ins. Co. v. Barnhart

    713 P.2d 1360 (Colo. App. 1985)   Cited 10 times
    Affirming the trial court's directed verdict allowing the insurer to recover the entire amount paid, where the fraud clause was violated as a result of the insured admitting he "padded" his insurance claim

    In Western Assurance Co. v. Bronstein, 77 Colo. 408, 236 P. 1013 (1925), a case involving the fraud clause, our supreme court held that to make the policy void and release the insurer from the obligation of its contract, there must be proof of a false statement by insured as to some material matter made for the purpose and with the intention of deceiving the insurer and inducing it to pay more insurance than the amount of the loss sustained. See also Detroit Fire Marine Insurance Co. v. Gagliardi, 94 Colo. 453, 32 P.2d 832 (1934). Insured's admissions met the above requirements and left no questions of fact for the jury.