Scottish Union & National Ins. v. Wylie

Citations

• 110 Miss. 681
• 70 So. 835

Syllabus

<p>1. Insurance. Fire policies. Conditions. Defenses. Waiver. Payment of premiums.</p> <p>Where the duly authorized agent of a fire insurance> company informed the owner of the property afterwards burned, that his policy had expired and was told to issue a policy for a given amount on the property and the agent replied that he could consider the insurance in effect from that minute, and the policy was later written but not delivered until after the fire at which time the premium was paid, and at the time the policy was written there was a chattel mortgage on the property and there was also another insurance policy on the property but no questions were asked or answered in regard to the same. In such case the agent waived the benefits of the noninsurance and the nonmortgage clauses existing in said policy at that time; or rather he had no right to insert these two clauses in said policy, because they were not a part of the contract of insurance entered into between himself and the owner, that contract being simply that he was to issue a policy on the property for the named amount, regardless of any mortgage or any other insurance.</p> <p>2. Same.</p> <p>In such case where loss occurred the owner' could recover on the policy though the property was mortgaged and there was other insurance on the same.</p> <p>3. Insurance Defense. Waiver. Payment of premiums.</p> <p>In such case, when the policy was not delivered nor the premium paid1 until after the fire and at the time of the payment of the premium the agent knew that there was a mortgage on the property and that the same was covered by other insurance, he waived the benefit of the noninsurance and nonmortgage clauses in the policy by the acceptance and retention of such premium.</p>