Enos v. Sun Insurance Co.

Citations

• 67 Cal. 621
• 8 P. 379
• 1885 Cal. LEXIS 709

Syllabus

<p>Fire Insurance—Policy—Application—Notice to Agent— Insurer when not Bound by.-—A policy of fire insurance expressly exempted the insurer from being bound by any act or statement not contained in the application for or indorsed on the policy. Held, that notice to its agent as to a matter different from that contained in the policy and application did not bind the insurer.</p> <p>Id.—Conditions of Policy—How Waited.—The policy further provided that nothing less than a distinct, specific agreement, indorsed on or attached to the policy, should be construed as a waiver of any printed or written conditions or restrictions therein. Held, that a local agent of the insurer could not waive any of the provisions of the policy, except in the mode thus provided for.</p> <p>Id.—Fishing Scow—Building—Question for Jury.—A question involved in the action was whether or not the property insured, a fishing scow, was a building within tlio meaning of that word as used in the policy. Held, that the question was one of fact to be determined by the jury from all the surrounding circumstances.</p>