Kalmutz v. Northern Mutual Insurance

Citations

• 186 Pa. 571
• 40 A. 816
• 1898 Pa. LEXIS 1044

Syllabus

<p>Insurance — Fire insurance — Additional insurance — Waiver—Estoppel.</p> <p>Whore other insurance is required to be indorsed on a policy of insurance, if notice thereof is given to the insurer or its agent, and consent is not indorsed, nor the policy canceled, further compliance is treated as waived, and the insurer is estopped from setting up such other insurance to defeat its liability upon the policy.</p> <p>A policy of fire insurance required that other insurance should be indorsed on the policy. In an action upon the policy it was conceded that there was other insurance which had not been indorsed upon the policy. The evidence showed that the insurance company’s secretary had notice of the additional insurance about one month after an assessment had been paid; that, notwithstanding this notice, the policy was neither recalled nor canceled, nor were the assessments returned; nor was any effort made to return the premium note given by the insured, binding him to pay the premium at such times and in such maimer as the company’s directors might by law require it. Held, that, the company was estopped from setting up the failure to have the other insurance indorsed on the policy as a defense.</p>