J. B. Camors & Co. v. Union Marine Insurance

Citations

• 104 La. 349

Syllabus

<p>Syllabus.</p> <p>1. A warrant in an open marine policy stipulated that all risks should be reported to insurer as soon as known to assured. It was the custom for assured to promptly notify insurer of the arrival of a cargo, and settlement would be made at the end of each month. Held that a failure to report -risks known to assured breached the policy as an entirety at the option of insurer, and not merely as to the risks not reported.</p> <p>2. Acceptance, after arrival of cargo, of premiums or risks not properly re ported was not a waiver of the warranty so as to estop insurer to take advantage of his right to deny his liability on a loss because of previous failure to report risks promptly.</p> <p>8. That an epidemic prevailed and assured failed to make prompt reports of risks on account of the sickness of his clerks, did not prevent the breach , of the warranty vacating the policy.</p> <p>4. That insurer retained notice of other risks after a loss does not estop it to insist on the breach, it not having received the premiums on them, or done any affirmative act in respect to them.</p>