German Insurance v. Allen

Citations

• 69 Kan. 729
• 77 P. 529
• 1904 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance Policy—•“Iron-safe Clause” Waived by Agent. A provision in a fire-insurance policy that a merchant will keep books showing the purchase and sale of goods for cash, credit, aDd exchange, and produce the same' with the last inventory, in case of a loss, may be waived; and when an agent who issued a policy was informed, after the contract was made, of the system of bookkeeping used by the insured, which did not include a cash-book, and then stated that the system was all right and would be satisfactory, the insurance company cannot, after a loss, defend on the ground that a cash-book was not kept; the requirement will be deemed to have been waived.</p> <p>2. - Right of Forfeiture Waived by Adjuster. Where the adjuster of a fire-insurance company, after a loss, learns of the non-compliance by the insured with a provision of the policy with regard to keeping books, and, instead of declaring a forfeiture therefor, negotiates with the insured for the making of other and better proofs, extends the time to make proofs, and requires the insured, at some trouble and expense, to submit to an examination under oath concerning the fire and the property destroyed, the company will be deemed to have waived the right of forfeiture.</p>