Bankers Trust Co. v. American Surety Co.

Citations

• 112 Wash. 172
• 191 P. 845
• 1920 Wash. LEXIS 717

Syllabus

<p>Instjkance (116)—Indemnity Instjkance—Liability hob Loss— Demand fob Peoofs of Loss—-Estoppel. Under a bank clerk’s indemnity bond conditioned that the insured should not be liable unless the loss be disclosed during continuation of the policy or within fifteen months after termination, the insurance company is not estopped from denying liability from the fact that it asked for proofs of loss twenty-one months after cancellation of the policy, where the insured had not incurred any expense in attempting to furnish information necessary to the making of the proofs of loss, and had not been prejudiced in any way in reliance on the waiver, and the parties had simply proceeded for a few days upon the mistaken presumption that there was an existing policy.</p>