Hartford Fire Insurance v. McCarthy

Citations

• 69 Kan. 555
• 77 P. 90
• 1904 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance Policy—Condition of Title Waived by Knowledge ■ of Agent. Where a policy of insurance contained the condition that if the interest of the assured be or become other than the entire, unconditional, unencumbered and sole ownership of the property, the policy should be void unless otherwise provided by agreement indorsed thereon, and such policy was issued by an agent having authority to issue policies of insurance and consummate the contract, and such agent at the time of the issuing of the policy had knowledge of an encumbrance upon the premises, but made no indorsement of it thereon, it is held, that the company waived the condition of the policy.</p> <p>2. -Mistake of Agent in Indorsing Payment Clause May be Corrected by Court. Where such agent, with full knowledge of the encumbrance upon the premises and the condition of the title, when sold upon deferred payments undertakes to indorse upon the policy a payment clause to protect the parties interested, and by mistake fails to make it sufficient, it is held, in an action • to recover upon .the policy, that such clause may be reformed to correct the mistake and to conform to the intention of the party making the same.</p>