Snowden v. Kittanning Ins.

Citations

• 122 Pa. 502
• 16 A. 22
• 1888 Pa. LEXIS 629

Syllabus

<p>1- R is competent for an insurance company to waive performance of a formal condition introduced into a policy for its own benefit, and such waiver may be inferred, either from acts evidencing a recognition of liability, or from a denial of obligation for other reasons, exclusively, to be submitted to the jury upon sufficient evidence thereof.</p> <p>2. A condition in a policy of fire insurance that a loss shall not be payable until a certain period after complete proofs and adjustment thereof, is waived, if, without such proofs made, the company object solely to the amount claimed and agree with the insured to the ascertainment of the damage by appraisers, and to pay the loss thus ascertained at once.</p> <p>3. When, without formal proofs, the adjustment of a loss is thus made dependent upon the award of appraisers to whom the amount is submitted, the company is liable for the loss thus ascertained, although by the terms of the policy it is not liable for a greater sum than two tflirds. of the actual value of the building burned.</p>