Kompa v. Franklin Fire Insurance

Citations

• 28 Pa. Super. 425
• 1905 Pa. Super. LEXIS 216

Syllabus

<p>Insurance — Fire insurance — Sole ownership — Change of title — Forfeiture ■ — Estoppel—Agent.</p> <p>Where a policy of fire insurance provides that the ownership of the insured shall be sole and unconditional, and that any change of ownership, except the death of the insured, shall void the policy, a conveyance by the insured of the property to his wife through a third person without the knowledge or consent of the insurance company or its duly authorized agent renders the policy void.</p> <p>In an action upon a policy of fire insurance it appeared that the insured knowing that a change of title should be noted upon the policy, went to the office of a local agent of the company, and there talked with two clerks employed by the local agent who told him that the policy was in the possession of a third person. The insured went to this person for the purpose of getting the policy, but the latter declined to let him have it. He went back and reported this fact to the two clerks, “and then they said they were going to fix it all right, it will be all right.” The clerks did nothing, however, and the property was subsequently destroyed by fire. There was no evidence that the clerks had any authority from the company, or from their immediate employer to waive the condition, of the policy. There was also no evidence that either the company or the agent had had any knowledge whatever of the change of title. Held, that the evidence was insufficient to establish a waiver of the forfeiture.</p>