Knarston v. Manhattan Life Insurance

Citations

• 124 Cal. 74
• 56 P. 773
• 1899 Cal. LEXIS 943

Syllabus

<p>Life Insurance—Premium—Power of General Agent—Waiver—Extension of Time.—A general agent of a life insurance company may waive the conditions of a policy, and extend the time of payment o'f a premium, unless specially restricted by limitations and instructions communicated to parties dealing with him. The waiiveir of conditions is within the apparent scope of his authority in the absence of notice to the contrary to the insured.</p> <p>Id.—Implication against Forfeiture, and in Favor of Waiver.—The law looks with disfavor upon forfeitures, and evidence tending to show the waiver of a forfeiture will be favorably regarded, and the forfeiture will he avoided upon any reasonable showing. The amount of evidence required to establish a forfeiture is much greater than that required to establish a waiver; and the waiver may he implied from the acts and conduct of the parties.</p> <p>Id.—Notice of Forfeiture—SubsEQUENi Waiver.—A notice that the policy will be forfeited if the premium is not paid l>y a day fixed, given by a New York company, pursuant to the New York law, does not preclude the subsequent waiver of the forfeiture, by a further extension of time to pay the premium made by the general agent and by treating the policy as in force during the period of such extension, after the time fixed in the notice, and upon the death of the insured Within the period of such extension the company can not claim a forfeiture of the policy.</p>