Caledonian Fire Insurance v. Shepherd

Citations

• 111 Miss. 175
• 71 So. 314

Syllabus

<p>1. Pleading. Replication. Departure. Insurance. Liability of insured. Defence. Conditions of policy. Waiver.</p> <p>In a suit on a fire insurance policy, the replication of the plaintiff, setting up a waiver of the additional insurance clause of the policy, an alleged breach of which was pleaded in bar by the defendant is not a departure from the declaration.</p> <p>2. Fire Insurance. Liability of insured. Defence.</p> <p>That the agent of a fire insurance company, at the time he consented to additional insurance, may not have complied with section 2627, requiring every agent to obtain a certificate show-, ing that he is the duly authorized agent, cannot be availed of by the company to avoid its liability under the policy.</p> <p>3. Fire Insurance. Condition of policy. Waiver.</p> <p>A waiver by an insurer of one of the provisions of a policy after its issuance is not within section 2597, Code 1906, providing that the rules of the company shall not be considered as a warranty or a part of the contract except so far as they are incorporated in full into the policy, and that the conditions of the policy shall be stated in full therein, so that a written waiver in the policy is unnecessary.</p>