National Ins. v. Brown

Citations

• 128 Pa. 386
• 24 W.L.B. 157
• 18 A. 389
• 1889 Pa. LEXIS 798

Syllabus

<p>1. The right of an insurance company to defend upon a provision of the policy that no suit shall be sustained thereon unless commenced within a certain time, may be defeated by conduct which will constitute an estoppel or evidence a waiver of the right.</p> <p>2. But. to constitute such estoppel or authorize the finding of such waiver, there must be evidence of conduct from which an intention to waive the limitation can fairly be inferred, or of an act which in equity ought to estop the company from relying upon it.</p> <p>3. In such an action, brought after the period limited has expired, the facts that in an affidavit of defence filed the company did not set up the limitation, and that afterward the president of the company proposed to settle with the plaintiff, will not create an estoppel or authorize the inference of such waiver.</p>