Cohen v. Home Insurance

Citations

• 29 Del. 201
• 6 Boyce 201
• 97 A. 1014
• 1916 Del. LEXIS 25

Syllabus

<p>1. Insurance—Contract—What Law Governs.</p> <p>- Where a fire policy is delivered and countersigned by an agent in the State of Maryland, the Maryland law governs.</p> <p>2. Insurance—Fire Insurance—What Law Governs.</p> <p>In determining liability under a Maryland contract of insurance, the courts of a foreign state will, where the Maryland courts have not passed on the matter, apply the general law, though as to matters passed on, Maryland decisions govern.</p> <p>3. Insurance—Fire Insurance—Powers of Agent.</p> <p>A countersigning agent with authority to deliver policies and collect premiums has the legal power and authority to waive by parol provisions in a fire policy with respect to conditions existing prior to or at the time the policy is delivered, which are by the terms of the policy made the subject of agreement between the agent and insured.</p> <p>4. Insurance—Fire Insurance—Notice to Agent.</p> <p>Notice to a countersigning agent with respect to matters subject to agreement between the agent and the insured is notice to the company.</p> <p>5. Insurance—Fire Insurance—Countersigning Agent.</p> <p>A countersigning agent authorized to deliver policies and collect premiums cannot, after delivery, and before loss, waive by parol an iron-safe clause in the policy.</p> <p>6. Insurance—Fire Insurance—Provisions—Estoppel.</p> <p>Where, after delivery of a fire policy containing an iron-safe clause, insured asked the agent who countersigned, delivered the policy and received premiums, what was meant by the clause, stating that he had no safe, and was assured that it was intended only for dishonest persons, the company is not, a loss having occurred, estopped to set up insured’s failure to comply with such clause.</p> <p>7. Insurance—Fire Insurance—Breaches.</p> <p>A countersigning agent who delivers a policy cannot waive future breaches.</p> <p>8. Insurance—Fire Insurance—Breach of Condition.</p> <p>The holder of a fire policy which required the taking of an i