Hartford Fire Insurance v. Walsh

Citations

• 54 Ill. 164

Syllabus

<p>1: Insurance—of the effect of a renewal of a policy. A renewal of an insurance policy is, in effect, a new contract of assurance, and, unless otherwise expressed, on the same terms and conditions as were originally contained in the policy.</p> <p>2. Same—of the premises becoming meant. So where a policy of insurance contained a condition that if the premises insured were vacated by the owner or occupant for a period of more than thirty days without notice to the company and consent endorsed on the policy, it should become void, it was held, upon a renewal of the policy, if the premises were occupied when the renewal occurred, it, under the terms of the policy, became the duty of the assured to give the same notice that was required under the original contract of insurance, and obtain the consent of the company.</p> <p>3. Same—if notice and consent under the original contract. And notice to the agents of the company, and their consent, while the policy was originally in force, could not be regarded as notice to the company and binding on them under the renewal thereof.</p> <p>4. Same—omission to endorse consent on the policy. But it is not essential to the binding force of the consent of the agent in such case, given upon proper notice, that it should be endorsed upon the policy.</p> <p>5. Same—of a parrt of the premises becoming vacant. Two houses were embraced in the same policy, and insured for different sums, and the policy provided that if the insured premises should remain vacant for a certain time without notice to the company, the policy should become void. It was held, the fact that one of the buildings remained thus vacant, without notice to the insurer, would not invalidate the policy as to the other.</p> <p>6. Same—proofs of loss and notice thereof. Where a policy of insurance provides that, in case of loss, the money shall be paid in sixty days after notice and proof of loss, the company, by receiving and retaining the notice, affidavit of loss, and o