Norris v. China Traders' Insurance

Citations

• 52 Wash. 554
• 100 P. 1025
• 1909 Wash. LEXIS 1154

Syllabus

<p>Insurance — Marine Insurance — Policy—Modification by Parol —Authority of Agents — Evidence—Question for Jury. A policy of marine insurance restricting the vessel to navigation in certain waters may be modified by parol by general agents having authority to write insurance, fix rates, collect premiums and adjust losses, where the policy did not require modifications to be in writing; and there was sufficient evidence to make a question for the jury where it appeared that such agents consented to a voyage to prohibited waters, stating that there would be additional premiums to be paid, which the agents collected after notice that the vessel was in the prohibited waters and before notice of the loss of the vessel.</p> <p>Same — Pleading—Issues and Proof — Reply Setting Out Modification of Policy. In an action upon a policy of marine insurance which had been modified by parol so as to permit a voyage to prohibited waters, it is proper for the plaintiff to allege the effect of the contract without setting it out, and upon an answer setting out parts of the policy and a breach by the voyage, to reply by setting out the original contract and the modification and waiver respecting the prohibited waters.</p> <p>Same — Policy—Prohibited Waters — Waiver of Deviation — General Agents. There is a waiver of restrictions in a marine policy respecting prohibited waters, where general agents made no objection to the fact that the insured vessel was in the prohibited waters, collected additional premiums therefor, stated that the vessel was insured, and received proofs of loss stating that the loss would undoubtedly be paid.</p>