Clemments v. German Ins.

Citations

• 153 F. 237

Syllabus

<p>Insurance — Conditions Avoiding Pomcx — Waiver.</p> <p>An insurance company cannot be deemed to have waived a condition in a policy of fire insurance making it void in case there was other insurance on the property, unless otherwise provided by agreement indorsed thereon or attached thereto, because of notice of concurrent insurance given to the agent who issued the policy, who had no authority under its terms to waive such condition, where such information was not communicated by him to the company; nor does .the fact that he reported to the company certain of the policies on the property then in force, to which no 'objection was made, affect the right of the company to insist upon the condition in respect to another policy for a substantial amount, which was not so reported.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 28. Insurance, §§ 968, 969, 091.</p> <p>Waiver of condition against other insurance, see note to United Firemen’s Ins. Co. v. Thomas, 27 O. O. A. 46.]</p>