Pettijohn v. Saint Paul Fire & Marine Insurance

Citations

• 100 Kan. 482
• 164 P. 1096
• 1917 Kan. LEXIS 358

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance Policy — ■Provision Against Additional Insurance Without Consent of Insurer Valid. A provision in a fire insurance policy that the taking of other insurance without the consent of the secretary and . general agent of the insurer shall avoid the entire policy is binding on the parties, and the taking of additional insurance without such eon-.sent defeats a recovery under the policy, unless the condition has been waived or abrogated by an authorized officer or agent of the company. ^</p> <p>2. Same — Soliciting Agent — No Authority to Waive Condition in Policy. A local soliciting agent without authority to write or issue policies, but who merely procures applications, collects premiums and sometimes delivers policies when payments are made, is not a general agent of the insurer, and his knowledge that other insurance had been subsequently taken is not chargeable to the insurer; nor did the insurer herein in any way waive or abrogate the condition which was violated by the insured.</p>