Chenier v. Insurance Co. of North America

Citations

• 72 Wash. 27
• 129 P. 905
• 1913 Wash. LEXIS 1398

Syllabus

<p>Insurance — Contract to Insure — Oral Contract of Agent. An oral contract by agents for an insurance company to renew a policy upon its expiration, renders the company liable for damages sustained on failure to issue the policy, where the property was subsequently destroyed.</p> <p>Insurance — Contract to Insure — Actions—Conditions Precedent — Proof of Loss — Limitations—Waiver. In an action against an insurance company for damages sustained by reason of its failure to issue a policy of fire insurance, pursuant to an oral agreement therefor, conditions precedent to an action upon the prospective policy requiring proofs of loss and that suit be commenced within twelve months, are not a defense; since conditions that would have been contained in the prospective policy are waived by denial of the contract and failure to issue the policy.</p>