Kitsap County Transportation Co. v. Pacific Coast Casualty Co.

Citations

• 67 Wash. 297
• 121 P. 457
• 1912 Wash. LEXIS 1167

Syllabus

<p>Insurance — Casualty Insurance — Action—Defenses to Policy— Agreement to Make Defense — Indemnity—Diligence. In an action on a policy of casualty insurance, tbe assured is not entitled to show that, after giving notice of the accident, the company agreed to defend and the assured was injured in making its defense by being lulled into a feeling of security, where the assured entered appearance November 12, was informed before November 25 that the company would not make the defense, the trial took place the following July, and it did not appear that the assured used any diligence in preparing the defense, or that it was prevented from doing so by any act of the company.</p> <p>Same — Policy—Waiver of Provisions — Evidence — Sufficiency. There is no evidence that a casualty insurance company waived the provisions of a policy exempting it from liability in case of accident to a passenger on a boat, where the policy provided that none of its provisions could he waived .except by written consent of an officer, and the alleged waiver was merely the statement of a local agent that he had a personal letter from an officer saying that they would take charge of the case.</p>