Ohio Farmers' Insurance v. Titus

Citations

• 82 Ohio St. (N.S.) 161

Syllabus

<p>Fire insurance company cannot be deemed — To have waived condition, voiding the policy — If insured property be mortgaged— Unless by agreement thereunder — Because insurance agent ,had knowledge of mortgage — Law of knowledge of company, through agent — Result of disagreement between insured and insurer— As to amount of loss — Burden of proof as to waiver by company.</p> <p>1. An insurance company cannot be deemed to have waived a condition in a policy of fire insurance rendering it void “if the subject of insurance or any part thereof, or the real estate or any part thereof described in the application as that on which any building insured herein is situated now -is, or shall hereafter be incumbered by mortgage or otherwise,” unless by agreement endorsed thereon, or added thereto, simply because its agent had notice or knowledge of the existence of a mortgage incumbrance and received premiums, when an agreement as to such mortgage was not endorsed on the policy and where such policy also provided that “No officer, agent or adjuster or other representative shall have power to waive or alter any of the provisions or conditions of this policy, except such as by the terms of this policy are made subject of an agreement endorsed hereon or added hereto and as to such provisions or conditions, such waiver or alteration, if any, shall only be valid when actually endorsed hereon or added hereto by such officer, agent or adjuster; nor shall any permission or privilege affecting this insurance exist or be claimed by the insured unless so written, endorsed 'or attached.”</p> <p>2. The provisions of a policy of insurance that impose a duty on the insured, in the event of disagreement as to the amount of ' loss, to procure an award or ascertainment of the loss by appraisers do not constitute a condition precedent, unless there is a disagreement as to the amount of the loss, and when in a suit to recover under a policy the insured avers that there was 1 no disagreement as to t