Silverberg v. Phenix Insurance Co.

Citations

• 67 Cal. 36
• 7 P. 38
• 1885 Cal. LEXIS 536

Syllabus

<p>Ties Insurance—Waiver or Eoreeiture.—In an action upon a policy of fire insurance, it appeared that soon after the occurrence of the fire the defendant being notified of the fact, directed the proofs to be made out, which was done, and subsequently required the plaintiff to present witnesses and vouchers. After these witnesses and vouchers had been examined at length, the defendant said the proofs were satisfactory, instructed the plaintiff to make out formal proofs of loss, and said that the money would be paid at the expiration of the sixty days allowed by the policy for the payment of the loss. Nothing more was said by defendant until the expiration of that period, when, in response to a demand by the plaintiff for the money, defendant said the policy had been avoided by a breach of its conditions, and refused to pay. The defendant had full knon-ledge of all the facts when, after the examination of the witnesses and vouchers it expressed its satisfaction with the proofs and promised to pay the money. Held, that these acts on the part of the defendant constituted a waiver of any forfeiture by the plaintiff resulting from a breach of the conditions of the policy.</p> <p>Id. — Authority of Agent.—The agents of the defendant were authorized, there being no provision in the policy to the contrary, to modify .or altogether waive a condition of the policy.</p>