Flynn v. Peoples' Mutual Live Stock Insurance

Citations

• 4 Pa. Super. 137
• 1897 Pa. Super. LEXIS 97

Syllabus

<p>Insurance — Delivery of policy — Conditions precedent to.</p> <p>Where a policy was delivered to plaintiff by one who had no authority to act for the defendant company or its agent, and the entrance and policy fees, the payment of which were by the rules of the company a condition precedent to delivery of the policy, were subsequently paid to one who had no authority to accept payment, it follows that the policy never was in force, and an action thereon was properly nonsuited.</p> <p>' Limitation of actions — Insurance—Waiver—Condition in policy.</p> <p>A condition in a policy of insurance, that no action shall be maintained thereon unless brought within a specified time after the loss, is valid. While such condition may be waived, to constitute a waiver there should be shown some official act or declaration of the company during the currency of the time dispensing with it; something from which the assured might reasonably infer that the underwriters did not mean to insist upon it.</p> <p>Loose declarations of an agent will not constitute a waiver of this eondidition where the policy provides: “ No agent of this company has authority</p> <p>to waive or alter any of the conditions or by-laws governing this policy. And the company will not be bound by any contract or agreement entered into between the agent and the insured unless the same bears the signature o£ the secretary and the corporate seal of the company: ” Waynesboro Mut. Fire Ins. Co. v. Conover, 98 Pa. 384, Hollowed.</p>