Queen Insurance v. Patterson Drug Co.

Citations

• 73 Fla. 665

Syllabus

<p>1. A non-waiver agreement may itself be waived by the same acts and doings of an insurance company’s adjuster or representative, or by such transactions with the insured, as would amount to a waiver of a forfeiture clause of the policy.</p> <p>2. Where an insurance company, with full knowledge of the facts out of which a forfeiture arose, by its acts recognized the policy as a valid and subsisting contract, and induced the insured to act in that belief and incur trouble or expense, such action will be a waiver of the condition under which the forfeiture arose.</p> <p>3. Where a duly authorized agent of an insurance company places insurance with the assistance of another whom he employs to solicit the insurance, and who delivers the .policy, collects the premium, and does all the things which the agent himself might do, and to whom he gives the power and. authority of a sub-agent with whom the insured deals in all matters connected with the application for the policy and its receipt, and to whom he pays the premium, the insurance company cannot escape responsibility for his acts, even -if he is not designated or regularly appointed by the agent or the company, as an agent.</p> <p>4. It is the duty of the insured to use all reasonable means to save and preserve insured property from impending loss or damage from fire, and if while moving it from threatened destruction or damage, or after it is removed, and before he-has had time to put it in a place of safety, any of the goods are stolen^' the theft is a consequence flowing from the peril insured against and incident thereto, and the insured may recover for the loss of goods by theft.</p> <p>5. The restriction in an insurance policy against loss of goods by theft, is incompatible with the requisite that the insured shall use all reasonable means to save them from impending destruction or damage from fire.</p> <p>6. Where there are conflicting clauses in an insurance policy, the one which affords the most protection