Phœnix Insurance v. Tucker

Citations

• 92 Ill. 64

Syllabus

<p>1. Insurance—waiver of defects in proof of loss. Where proofs of a loss are made out and delivered to an insurance company within the time prescribed by the policy, it is its duty to point out specifically any objections it may have •to the same, and if it does not do so, it will be estopped from afterwards making such objections.</p> <p>2. If, upon making out proofs of loss, the company makes certain specific objections, it thereby waives all others, and when the proofs are amended with a view to obviate the objections, and the company is furnished with the amended proof, and it is not acceptable, it should renew its objections, and if it does not do so until the time has expired for making out proofs, it will be estopped from doing so afterwards.</p> <p>3. If an insurance company, after proofs of loss have been made out, refuse to pay a part or the whole of the claim of the assured, placing its refusal on some other distinct ground than that of defective proofs, it will be estopped, when sued on account of the loss, from setting up as a defence that the proofs of loss were insufficient.</p> <p>4. Same—title not truly stated, in policy. Where the nature and condition of the title of the assured is fully made known to the agent of the insurance company taking the application, a recovery on the policy for a loss will not be defeated on the ground the character of the title was not properly inserted in the policy. Where the agent, knowing the facts, makes out the policy, if it does not speak the truth, the company alone will be responsible for it, and will not be heard to complain on that ground.</p> <p>5. Same—leaving the premises vacant and unoccupied. Where a policy of insurance provides that if the insured premises be left vacant or unoccupied, without the consent of the company, the policy shall be of no force or effect, if the assured leaves the premises actually vacant, that is, without any occupant for an unreasonable length of time, the animus revertendi,