Phoenix Insurance v. Hunter

Citations

• 95 Miss. 754
• 49 So. 740

Syllabus

<p>Insurance. Fire policy. Cancellation. Return premium. Estoppel. Retention of check.</p> <p>Where an insurance company, having the right to cancel its fire policy on five days’ notice and the return of a proportionate share of the premium, directed its agent to cancel the same and the agent sent the company’s written direction and a bank check for the proper sum due on a cancellation as a return premium to the insured who received and retained the same for more than five days before the property was burned, the policy was cancelled and no recovery could be had thereon, since the insured by his retention of the check waived payment of the return premium in money.</p>