Hatcher v. Sovereign Fire Assurance Co.

Citations

• 71 Wash. 79
• 127 P. 588
• 1912 Wash. LEXIS 696

Syllabus

<p>Insurance — Fire Insurance — Proofs of Loss — Waiver. Tbe requirement that proofs of loss be furnished within sixty days after the fire, may be waived, although the conduct of the insurer constituting the waiver occurred subsequent to the time fixed in the policy for the proofs to be furnished.</p> <p>Same — Proofs of Loss — Waiver. Proofs of loss are waived where, in answer to the direct question whether any formal proofs of loss were wanted or would be waived, the agent answered in the affirmative and stated that they would waive formal proofs of loss.</p> <p>Same — Proofs of Loss — Waiver. The express waiver of formal proofs of loss is not affected by a stipulation that any action taken in investigating the fire and ascertaining the amount of damages shall not waive or invalidate any of the conditions of the policy or any rights of the parties; as the company could waive any right it had under the stipulation; and because the waiver is not inferred from any action in the investigation, etc.</p> <p>Appeal — Preservation of Grounds — Objections to Pleadings and Evidence. The relevancy of evidence of a waiver of proofs of loss after the expiration of the time fixed in the policy, under pleadings raising an issue as to waiver before the expiration, not having been raised at the trial, except by objection that it was “immaterial,” cannot be first made on appeal, counsel not having suggested surprise on account of the admission of the testimony.</p>