Russell v. Farmers Mutual Fire Insurance

Citations

• 272 Pa. 1
• 115 A. 835
• 1922 Pa. LEXIS 764

Syllabus

<p>Insurance — Fire insurance — Prohibition of 'other insurance — Estoppel — Waiver—Authority of' agent.</p> <p>1. Where an insurance company delivers a policy of fire insurance to the insured knowing of the existence of other insurance on the premises, the company waives a condition in the policy that, if there is other insurance, the policy shall he void; and this is so though no waiver is endorsed on the policy.</p> <p>2. An agent of an insurance company who has authority or power to consent to additional insurance, and, at the time he writes and delivers a policy, has knowledge that the insured has other insurance on the same property, his knowledge binds the company, in the absence of fraud, and the company is estopped to claim the invalidity of the policy on such grounds, notwithstanding any provisions to the contrary.</p> <p>3. Where a fire policy provides that it shall be void if the insured has other insurance, and the agent, with proper authority, delivers the policy with knowledge of other insurance on the same premises, such policy is a valid policy of insurance rendering void a previous policy in another company, which provided that “insuring in any other company will make insurance null and void in this.”</p> <p>Appeals — Practice—Agreement as to facts — Evidence—Printing testimony.</p> <p>4. On appeal, it is proper and commendable practice for the parties to agree, if they so desire, that the facts necessary for the determination of the case are contained in the opinion of the court below, and are correct; that questions raised below were not disposed of, because they became immaterial upon the decision of the point that was considered; that if the Supreme Court determines the decision of the lower court on the question considered is correct, the judgment shall be affirmed; that if the Supreme Court decides the contrary, the record shall he remitted for appropriate action; that certain testimony specifically referred to is printed in the appendix, and