New Orleans Insurance v. Griffin

Citations

• 66 Tex. 232
• 18 S.W. 505
• 1886 Tex. LEXIS 489

Syllabus

<p>1. Contracts of insurance—Conditions—A condition in a policy of insurance requiring notice of any other insurance afterward taken upon the same property, may not be complied with by notice of an intention to obtain other insurance. (Authorities cited.)</p> <p>2. Same—A condition that no other insurance shall be obtained on the same property without the consent of the former company is satisfied by notice of an intention to take other insurance, consented to by the former company ; and verbal consent by the agent of the company, with knowledge that it will be acted upon, is a waiver of the requirement that the consent of the company shall be expressed in writing upon the policy. (Authorities cited.)</p> <p>3. Same—Validity—A provision that no additional insurance upon the same property shall be obtained without the consent of the former company is reasonable and proper; and the requirement Jhat such consent shall be expressed in writing on the policy is valid. Buy that requirement may be waived. Proof of a verbal consent, and of any fa,cj¡s which would make it unfair to the assured for the company to claim that theVerbal consent was not sufficient, is a substitute for the endorsement.</p> <p>4. Same—Verbal consent—Waiver—See opinion for facts held insufficient to constitute a verbal consent by the company that other insurance upon the same property might be obtained; and for facts held insufficient to charge the company with having waived the requirement that such consent should be expressed in writing on the policy.</p>