McFarland & Steele v. Peabody Insurance Co.

Citations

• 6 W. Va. 425
• 1873 W. Va. LEXIS 50

Syllabus

<p>Syllabus.</p> <p>1. A provision in a policy of. insurance that no action for loss or damage shall be sustainable, unless the same is brought -within six months after the loss or damage shall occur, is valid.</p> <p>2. The mere pendency of negotiations between the parties, or the fact that occasional interviews are had between the parties, in regard to the adjustment or settlement of a loss, will not in themselves operate as a waiver of the above provision, or be an equitable estoppel.</p> <p>8. In a policy insuring “manufactured barrels, and materials for same,” the word “materials1-’ means such as are necessarily or usually or commonly employed in their manufacture; and benzino being prohibited by the policy, is not included as an article insured’ or covered by the above language, in the absence of proof; nor could an insurance company have presumptive knowledge, that benzine was an article necessarily or commonly used in the manufacture of barrels.</p> <p>4. A ., who is not the agent of the insurance company, applies on behalf of • B., for an insurance, and is told to send a form or copy of a policy, anda policy would be sent him. A. makes out and sends on behalf oí B. an application, referring to a diagram and description of the property, upon which the policy issues. Under these circumstances, the application is wholly the act of B., or his agent. And a failure to state that in a building referred to in said diagram, and contiguous to the insured property, and used by B. for painting ban-els, benzine was kept and used, avoids the policy; such fact being material to the risk under the terms of the policy.</p>