(dissenting) I agree that the principles of law relied on by the majority are applicable. However I do not agree with their application of these principles to the facts in this case. It seems to me that the Farmers’ Mutual letter did not clearly and unequivocally inform plaintiff that it was unwilling to continue upon the risk of insuring his automobile.
That letter said merely that “Circumstances will not permit us to continue your insurance.” From this it is permissible to conclude that the company was unwilling to continue on the risk. However, it seems to me that this is not the only permissible conclusion. I think it can likewise be concluded from that statement that the company might have been unable to continue on the risk. If both of these conclusions can be drawn from the letter then it cannot be said that plaintiff answered question 17 falsely.
We are required to construe the phrase “refused to re*371new” strictly against the defendant and give to the plaintiff the benefit of liberality in construction. In the circumstances of this case there is a vast difference between being unwilling and being unable. Unwillingness presupposes the ability to perform the requested act which is not done because of a desire not to perform. Such action amounts to a refusal. It is the positive act of rejection.
Several situations come to mind in which the, insurer, even though willing to continue upon the risk, would be unable to issue the requested policy. Discontinuance of plaintiff’s policy under such circumstances would not be a refusal to renew. Rather, it would be the negative act of failing to renew. He was not asked whether any insurer had failed to renew his automobile policy.
I would affirm.