Reed v. Continental Insurance

Citations

• 22 Del. 204
• 6 Penne. 204
• 65 A. 569
• 1906 Del. LEXIS 46

Syllabus

<p>Assumpsit—Fire Insurance Policy—Proofs of Loss; Waiver of— Adjuster of the Company—Duties and Powers—Waiver of Conditions—Waiver need not he in Writing or attached to or indorsed upon Policy—Contract; How Construed.</p> <p>1. Where the adjuster of a fire insurance company who is clothed with authority to adjust and settle claims said to the insured, after the fire—“make a list of the goods, with the cost and value as near as possible, and I will come back in a week or two and settle;” and so spoke and acted as to induce in the mind of an ordinarily reasonable person the belief that no further steps were necessary to be taken in the matter of proofs of loss; and the insured relied upon such statements of the adjuster and for such reason did not furnish proofs of loss, such facts and conditions would amount to a waiver, on the part of the company, of proof of loss.</p> <p>2. By the acceptance of a policy of insurance the provisions thereof, including the furnishing of proofs of loss, become a part of the contract, and the measure of the rights and liabilities of the parties thereto. It is competent, however, for the company to waive such proofs of loss, and it is not in all cases necessary that such waiver should be in writing and endorsed upon or attached to the policy. Such waiver may be proved by, or inferred from the acts and conduct of the insurer, or its duly authorized agents.</p> <p>3. In considering the provisions of policies of insurance relating to matters required to be done by the insured, subsequent to the loss, which do not alter the risk of the insurer or increase the liability, it is the prevailing practice of the courts to give to such provisions a construction favorable to the insured so far as the same can be reasonably done.</p>