REPRESENTATION. In Insurance. The stating of facts by either of the par ties to a policy of insurance, to 'the other, whether in writing or orally, expressly or by plain implication, preliminary and in refer ence to making the ineurance, obviously tend ing to influence the other as to entering into the contract. 1 Phillips, Ins. .1 524 ; 12 Md. 348 ; 11 Cush. Mass. S24 ; 2 N. H. 551 ; 6 Gray, Mass. 221.
2. A fact obviously having such tendeney is called a material fact. 1 Phillips; Ins. 525. Doctrines respecting representation and concealment usually have reference to those by the assured, upon whose knowledge and statement of the facts the insurance is usually made; but the doctrine on the subject is equally applied to the underwriter, so far as facts are known to him. 1 Phillips, Ins. 533 - 3 Burr. /905 ; 2 Taunt. 214.
imisrepresentation makes the insurance void, notwithstanding 'its being free of fraud. 1 Story, Confl. L. 57; 1 Term,12; 1 Du. N. Y. 747; 18 Eng. L. & Eq. 427.
A statement of a mere expectation or be lief is not a representation of the facts to which it has reference. 1 Phillips, Ins. 551; Cowp. 785 ; 1 Dougl. 271, 305; 13 Mass. 172 ; 22 Pick. Mass. 200.
3. A substantial compliance with a repre sentation is sufficient,—the rule being less strict than in case of an express warranty.
1 Phillips, ins. fl 544, 547, 669 et seq. ; 3 Mete. Mass. 114 ; 7 East, 367 ;, 4 Mas. C. C. 439.
Insurance against fire and on life rests upon the same general conditions of good faith as maritime insurance ; but in the first two classes the contract is usually based mainly upon statements by the applicant in uritten replies to numerous inquiries ex pressly referred to in the policy, which an swers are thus made express warranties, and must, accordingly, be strictly true whether their Leing.so is or is not material to the risk. The inquiries are intended to cover all mate rial circumstances, subject, however, to the principle, applicable to all contracts, that fraud by either party will exonerate the other from bis obligations, if he so elects. 1 Phil lips, Ins. c. 7, s. 15, 16 ; 5 Hill, N. Y. 188 ; 2 N. Y. 632 ; 7 Barb. N. Y. 570 ; 2 Den. N. Y. 75 ; 10 Pick. Mass. 535 ; 6 Gray, Mass. 288 ; 6 Cush. Mass. 42, 449 ; 2 Rob. la. 266; 24 Penn. St. 320 ; 3 Md. 341 ; 2 Ohio, 452 ; 21 Conn. 19 ; 6 Humphr. Tenn. 176 ; 6 Mc Lean, C. C. 324; 8 How. 235 ; 1 W. Blackst. 312 ; 6 Taunt. 186 ; 8 Barnew. & C. 586 ; 2 Mees. & W. Exch. 505 ; 5 Bingh. 633 ; 3 Carr. & P. 353; 2 Mood. & It. 328. See Commix,