Damms v. Humboldt Fire Insurance

Citations

• 226 Pa. 358
• 75 A. 607
• 1910 Pa. LEXIS 772

Syllabus

<p>Insurance — Fire insurance — Sole ownership — Waiver—Estoppel.</p> <p>1. Where, at the time of issuing an insurance policy, the company knows that one of the conditions thereof is inconsistent with the facts, and the insured has been guilty of no fraud, the company is estopped from setting up the breach of said condition. The same rule prevails when the insurance company ought to have known the facts constituting the alleged breach.</p> <p>2. Where at the time of issuing a fire insurance policy the owner submits to the manager of the company for his inspection his deed to the property proposed to be insured, and the deed on its face shows that it was dependent upon a tax title, the company cannot after the destruction of the property by fire, allege that the insured had no title under the tax sale because the property was sold as unseated land, when in fact it was seated.</p>