Meigs v. London Assur. Co.

Citations

• 126 F. 781
• 1904 U.S. App. LEXIS 4584

Syllabus

<p>t. Fire Insurance — Scope op Policy — Addition to Building.</p> <p>An addition to a main building of a school, adjoining it and connecting therewith, is covered by a prior policy on the main building granting the privilege to make additions, the policy to cover the same.</p> <p>2. Same — Contribution between Insurers.</p> <p>Policies on a main building, which were also to cover additions, provided that the companies should not be liable for a greater proportion of any loss than the amount insured should bear to the whole insurance covering the property. Afterwards an addition was built and specifically insured by policies containing the same clause. Meld, that the latter policies were entitled to contribution from the earlier policies as to a loss on the addition.</p> <p>3. Same — Double Insurance — Waiver by Agent — Materiality.</p> <p>Where it is conceded on the trial of an action on an insurance policy that it permitted other insurance, conversations with the agent at the time of issuing it, tending to show a waiver of the clause forbidding other insurance, are immaterial.</p> <p>4. Same — Subsequent Declaration op Agent.</p> <p>Since the rights of parties to an insurance policy relative to double insurance and to building an addition to the premises could not be affected by subsequent expressions of the agent’s opinion as to the necessity of indorsing permission therefor on the policy, such opinion is inadmissible.</p> <p>6. Same — Provision against Waiver.</p> <p>Where an insurance policy provides that no agent shall have power to waive any provision or condition thereof except such as by its terms may be the subject of agreement indorsed thereon, and that as to such provisions no agent shall have power to waive or be deemed to have waived them unless the waiver is written upon or attached to the policy, etc., the agent cannot, by conduct or an oral statement,' waive any of the policy’s provisions.</p> <p>6. Courts — Binding Force op State Decision — Commerc