Queen Insurance Co. of America v. Straughan

Citations

• 70 Kan. 186
• 78 P. 447
• 1904 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fire Insurance— Vacancy Clause Held Waived by Agent. Where a policy of insurance contained the condition that it should be void if the building insured thereby be or become vacant or unoccupied and so remain for a period of ten days, unless otherwise provided by agreement indorsed thereon, and such policy was issued by an agent having authority to issue policies of insurance and consummate the contract, and the agent at the time the policy was issued had knowledge that the building was then vacant and unoccupied, and- thereafter and within ten days, upon request of the assured, agreed to indorse a vacancy permit on the policy, but failed to do so, and the assured relied upon the acts and agreement of the agent,- held, that the insurance company waived the condition of the policy, and was liable for a loss by fire occurring while the building continued vacant and unoccupied.</p>