McBryde v. South Carolina Mutual Ins.

Citations

• 55 S.C. 589
• 33 S.E. 729
• 1899 S.C. LEXIS 138

Syllabus

<p>1. Waiver — Insurance..—The doctrine of waiver as applied to old line insurance companies also applies to mutual insurance companies. Mr. Jxistice Pope dissenting. — Joye v. S. C. Mutual Ins. Co., 54 S. C., 371, affirmed.</p> <p>2. Ibid.. — Ibid.—Proofs of Loss. — Failure of insurance company to request further proofs of loss, and contesting claim of loss on merits, is waiver of right to object to form of proofs of loss.</p> <p>3. Insurance — Nonsuit.—Forfeiture should not be adjudged on motion of nonsuit under provisions of insurance policy against additional insurance at time of insurance, when the company has reputed notice of such insurance through its agent.</p>