Farmers' Alliance Insurance v. Ferguson

Citations

• 78 Kan. 791
• 98 P. 231
• 1908 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire-insurance — Election of Grounds of Forfeiture by Insurer — Waiver. Where an insurer bases its refusal to pay a loss entirely upon a forfeiture caused by the failure of the insured to comply with a particular condition of thé policy it can not, when sued for the loss, maintain a defense founded upon another alleged forfeiture for violation of other conditions not referred to in such refusal and of which it had knowledge when the refusal was made.</p> <p>2. -Forfeiture — Waiver. A waiver of the forfeitures alleged from the breach of conditions not referred to in such refusal may, in the circumstances stated, be properly found by a jury, when such waiver is an issue upon the trial;</p> <p>3. - Evidence — Waiver of Forfeiture. Making and collecting an assessment upon the premium note given for insurance, after the examination and report of an adjuster showing that a forfeiture for violation of a condition in the policy had been made, and indorsing the payment of such assessment as a credit upon the note after consideration of the report of the adjuster by the executive board of the company, and after knowledge of the circumstances upon which such forfeiture is claimed, were facts from which the jury could properly find that such forfeiture had been waived.</p>