Finley v. Western Empire Insurance

Citations

• 69 Wash. 673
• 125 P. 1012
• 1912 Wash. LEXIS 973

Syllabus

<p>Insurance—Acceptance op Policy—Evidence—Sufficiency. An acceptance by tbe assured of a policy of fire insurance issued to take the place of another, is shown, notwithstanding the assured retained the other policy, where the assured at the time of the fire had no knowledge of the attempted substitution which was arranged by an agent acting as factor for both parties; and on being consulted, after the fire, informed the defendant company that he proposed to hang on to all of the policies.</p> <p>Insurance—Defenses—Estoppel—Participation in Adjustment. A fire insurance company admits its liability and is estopped to claim that the policy was not accepted or in force, where it issued and delivered the policy August 22, dating its liability from August 20, and accepted proofs of a loss occurring August 21, and participated in an adjustment based on the validity of four policies that relieved it of one-fourth of its liability, and issued its check therefor.</p>