Eagle Fire Co. v. Lewallen

Citations

• 56 Fla. 246

Syllabus

<p>I. A provision in a fire insurance policy that the policy, unless otherwise provided by agreement endorsed thereon shall be void if the insured shall procure other contracts of insurance on the same property, is inserted for the benefit of the insurer and may be waived by him.</p> <p>. 2. Forfeitures are not favored in the law, and notwithstanding the strong language used in an insurance policy in declaring the forfeiture, the policy is not void, but voidable, and the party who has the right to declare the forfeiture may thereafter treat the policy as valid and it will be so.</p> <p>3. Notice of additional insurance to a local fire insurance agent who has authority to represent the company in making contracts of insurance, to collect premiums, to countersign and deliver policies, to grant removal permits and to make endorsements therefor on the policy, to consent to additional insurance and to endorse the company’s consent thereto on the policy is notice to the'company.</p> <p>4. The acts of an agent performed within the scope of his real or apparent authority are binding upon his principal. The public have a right to rely upon an agent’s apparent authority and are not bound to enquire as to his special powers, unless the circumstances are such as to put them upon inquiry.</p> <p>S- The clause in the fire insurance policy placing a limitation upon the power of any officer, agent or other representative of the company in the waiver of any provision or condition in the policy does not supersede the law making the principal liable for the negligent, wrongful or fraudulent act of its agent, or the law of equitable estoppel, and this clause of limitation may itself be waived by the company through its agent acting within the apparent scope of his authority.</p> <p>6. In a case where, after the issuance of' the policy of fire insurance sued upon and before the loss, other insurance was taken out upon the same property, and the local agent of the company who issued the