Moller v. Niagara Fire Insurance

Citations

• 54 Wash. 439
• 103 P. 449
• 1909 Wash. LEXIS 1013

Syllabus

<p>Insurance — Policy—Transfer of Interest — Executors and Administrators- — Sales—Confirmation—Time When Interest Passes. An administrator’s sale for cash, confirmed by the court, transfers the equitable title to the purchaser, although the deed is not delivered and no part of the purchase price is paid, Bal. Code, § 6274, providing that the sale shall be valid “from the time” of the confirmation; and hence a fire insurance policy providing that the policy shall be void if any change take place in the interest, title, or possession of the subject of the insurance, is vitiated by such sale and confirmation (Fullerton, J., dissenting).</p> <p>Same — Waiver by Agent. A provision in a fire insurance policy rendering it void upon any transfer of interest cannot be waived by an agent where the change in interest occurred after issuance of the policy.</p>