Quoug Tue Sing v. Anglo-Nevada Assurance Corp.

Citations

• 86 Cal. 566

Syllabus

<p>Insurance — Cancellation of Policy—Compliance with Terms of Policy—■ Waiver. — In order to defeat an action upon a policy of insurance on the ground that the policy was canceled, it must be shown either that the conditions upon which the company was allowed to cancel the policy were strictly complied with, or that the insured, knowing all the facts, waived such compliance.</p> <p>Id. — Limited Authority of Agent to Procure Insurance — Tender of Unearned Premium—■ Waiver.—An agent or broker authorized to procure insurance is not thereby made the agent of the insured to cancel the policy, and has no authority to bind him, either by the acceptance of a strict tender of the unearned premium, or by the waiver of such tender, if insufficient, when such acts are not expressly authorized or ratified by the insured.</p> <p>Id. —Insufficient Tender.—Where an insurance policy provides for a cancellation at the option of the insurers, on giving notice to that effect, and refunding or tendering a ratable proportion of the premium for the unexpired term of the policy to the insured, there must be an actual tender to the insured, or to Ms authorized agent, of the full amount of the unearned premium, and a tender of only a part of the premium due, and of another policy of insurance in another company, for the balance, is not sufficient.</p> <p>Id. — Insufficient Notice of Cancellation. —Notice of intention by the insurers to cancel a policy is not properly given, when the broker who procured the policy, but had no authority to cancel it as the agent of the insured, simply informs the insured that his policy had been canceled, and that he had no insurance.</p> <p>Id. — Waiver of Notice and Tender — Policy Given in Part Payment. — Where the insured, upon an attempted cancellation of the policy by the insurers, has not consented to accept anything in lieu of the policy, except another policy for a like amount, or to accept less than the full amount of the unearned premium due him o