Manheim v. Standard Fire Insurance

Citations

• 84 Wash. 16
• 145 P. 992
• 1915 Wash. LEXIS 741

Syllabus

<p>Insurance — Fire Insurance — Waiver of Defenses — Acts of Adjusters— Authority — -Statutory Provisions. In the absence of proof of special authority, an adjuster’s investigation after proofs of loss are made, and his demand for duplicate invoices from the insured, do not constitute a waiver of objections or estop the company from defending an action on a fire insurance policy for false swearing in the proofs of loss, in view of 3 Rem. & Bal. Code, § 6059-2, defining an “adjuster” as one who undertakes to ascertain and report the actual loss due to the hazard or peril insured against; since the statute having defined the duties of an adjuster, there could be no presumption of other authority from the fact that he was acting as adjuster.</p> <p>Insurance — Fire Insurance — Policy—Provisions—Waiver. Under a policy of fire insurance providing that the company shall not be held to have waived any provision in the policy by any act relating to the appraisal or examination provided for, the defense of false swearing in making the proofs of loss is not waived by an adjuster’s investigation after proofs of loss are made' or by his demand for duplicate invoices; since the policy contemplates a full and complete investigation as to the property destroyed and its value.</p>