Davis v. Home Insurance

Citations

• 74 Pa. Super. 92
• 1920 Pa. Super. LEXIS 100

Syllabus

<p>Insurance — Fire insurance — Additional insurance — Permit—Estoppel.</p> <p>Where an insurance policy stipulated that “Unless otherwise provided by agreement in writing added hereto, this company shall not be liable for loss or damage occurring (a) while the insured shall have other contract of insurance whether valid or not, on property covered in whole or in part,” a verbal assurance made by an agent to the insured that a permit for additional insurance had been obtained, will estop the insurance company from claiming a forfeiture, if a fire occurs while the additional insurance is still in force.</p> <p>The declaration of the agent was that he had in fact done that which he had a perfect right to do, and there is no reason why the insured should not have relied upon that statement of fact. Such a declaration made by a duly authorized agent will clearly operate as an estoppel. It lulled the party to sleep by the assurance that the conditions of the policy had been complied with and that his indemnity was secure.</p> <p>Devaney v. Insurance Oo., 64 Pa, Superior Ot. 510, distinguished.</p>