Bonnert v. Pennsylvania Ins.

Citations

• 129 Pa. 558
• 18 A. 552
• 1889 Pa. LEXIS 984

Syllabus

<p>1. A condition of a policy of Are insurance providing that no suit thereon shall be sustained unless brought within six months after the loss shall accrue, may be waived, not only by express words, but by acts and conduct of the company and its officers, which throw the insured off his guard and lull him into security.</p> <p>2. The testimony showing that proofs of loss were furnished within the time prescribed, that all the plaintiff’s books and papers were promptly presented on the defendant’s demand, that adjustment was delayed by the company upon various pretexts, and that after the limitation expired the company offered to go on and adjust the loss upon receipt of other books and papers demanded, the question whether or not the limitation as to time was waived by the company must be submitted to the jury.</p>