Moyer v. Sun Insurance

Citations

• 176 Pa. 579
• 38 W.N.C. 367
• 35 A. 221
• 1896 Pa. LEXIS 1112

Syllabus

<p>Insurance — Fire insurance — Proof of loss — Waiver.</p> <p>If the insured under a policy of fire insurance in good faith within the stipulated time does what he plainly intends as a compliance with the requirements of the policy, good faith equally requires that the company shall promptly notify him of their objections so as to give him the opportunity to obviate them, and mere silence may so mislead him, to his disadvantage, to suppose the company satisfied, as to be of itself sufficient evidence of waiver by estoppel.</p> <p>An assured under a policy of. fire insurance, after having notified the agent of the insurance company of the loss, received a letter from the adjuster of -the company requesting him to meet the adjuster in a distant city. The. assured objected to going on account of the distance and wrote to the adjuster asking him whether it was unavoidably necessary for him to go. The adjuster replied, “ If you think it a hardship to meet me, do not comply with the request, but comply strictly with the policies you hold.” On the day after the receipt of this letter the assured wrote to the insurance company, giving the number of his policy, its date and amount, and describing the property insured; stating that the property had been totally destroyed two weeks before (giving the date) by fire originating on the property of a neighbor. He also gave the amount of insurance in another company, and the amount it would cost to replace the buildings. He also stated' that the adjuster had examined the property, and found it entirely consumed. He inclosed copies of letters from and to the adjuster stating “ the last one [from the adjuster] .... is written in a mysterious manner . . but does not explain in what way I omitted to comply with the policy. I have read both policies, and cannot find anything where I have failed in strictly complying with the conditions of these policies, but if there is anything further to be done, I wish you would please inform me, an