Shuggart v. Lycoming Fire Insurance Co.

Citations

• 55 Cal. 408

Syllabus

<p>Insurance — Policy—Assignment—Agent.—A policy of fire insurance to P. and E., partners, contained the provision, that upon the conveyance of the property insured, or the assignment of the policy, without the consent of the company indorsed thereon, the policy should be void; and also the further provision, that no agent was empowered to waive any of the conditions of the policy without special authority in writing from the company. The interest of E. in the property insured, and in the policy, was, without the knowledge or consent of' the defendant, assigned to the plaintiff; but shortly afterward the local agent of the defendant was informed by the plaintiff of the transfer, and requested to have the proper indorsements made on the policy, which he promised within a day or two to do; and afterward two payments of premium were made by the firm of P. & S.; and also the policy was changed by the agent at the request of the assured, so as to transfer $25 insurance from a stable on the premises to the stock and machinery (the change being made by a writing across the face of the policy). In an action upon the policy for a loss, held,</p> <p>1. That by the express qirovisions of the policy, the agent had no power to waive any of its conditions.</p> <p>2. That the transfer by E. of his interest in the property, without the proper consent of the defendant, rendered the policy void as to the interest transferred.</p> <p>3. That the condition of the policy in regard to the transfer of the property was not waived by the subsequent action of the agent so as to revive the policy.</p> <p>4. That the payment and receipt of the premium, after the transfer to the plaintiff, did not estop the defendant from claiming a forfeiture.</p> <p>5. That the Court below erred in instructing the jury, that if the agent knew of the transfer and approved the same, they should find for the plaintiff, as there was no evidence that he knew of it until long after it occurred.</p> <p>6. That the C