Norris v. Hartford Fire Ins.

Citations

• 57 S.C. 358
• 35 S.E. 572
• 1900 S.C. LEXIS 48

Syllabus

<p>1. Compromise. — Evidence as to compromise is not admissible on trial.</p> <p>2. Evidence — Writings—Letters.—If any goes, all correspondence on one subject should go to the jury.</p> <p>3. Principad and Agent. — A person who issues policies, collects premiums, and assists in adjusting losses, is such an agent of the insurance company for which he acts, under Rev. Stat., 1481, as that notice to him of facts constituting forfeiture is notice to company.</p> <p>4. Ibid. — Ibid.—Properly left to jury to say what sort of agent the person receiving notice was.</p> <p>5. Nonsuit properly refused; there being some evidence on issues raised.</p> <p>6. Waiver. — Nonsuit properly refused, because there was evidence here of waiver of conditions of forfeiture.</p> <p>7. Principad and Agent. — The request complained of that notice to agent is notice to principal for whom he acts within scope of his authority, is a good proposition of law, and no error in charging it.</p> <p>8. Waiver — Forfeiture.—-The fact that an agent, after notice of forfeiture, aids in adjusting a loss, is competent to go to the jury on question of waiver of forfeiture.</p> <p>9. Charge. — It is not a charge on facts for Judge to say,/‘it is evidence that jury may consider,” or “the jury may consider that as evidence of intention to waive.”</p> <p>10.Waiver — Forfeiture.—Failure to return unearned premiums under terms of policy, may be submitted to jury as evidence of intention to waive forfeiture.</p>