Staats v. Pioneer Insurance

Citations

• 55 Wash. 51
• 104 P. 185
• 1909 Wash. LEXIS 704

Syllabus

<p>Insurance — Policy—Limitation of Time for Suit — Validity. The clause in a fire insurance policy that no action shall be sustainable unless commenced within six months, is valid as a limitation, but does not go to the question of original liability.</p> <p>Same — Waiver of Limitation — Authority op Agent — Estoppel. The clause in a fire insurance policy that no action shall be sustainable, unless commenced within six months after the fire, is waived, where the insured was induced to postpone action by the representations of the adjuster that he found the claim honest, and that the insurer would do whatever the other companies did, if he would wait until they acted, the adjuster being clothed with apparent authority to act for the insurer.</p> <p>Same — Laches—Delay in Bringing Suit After Waiver. Where an insurance company waived the six months time limit for commencing suit until other companies had settled, a delay of twenty-five days thereafter is not, as a matter of law, so unreasonable as to preclude a recovery.</p> <p>Insurance — Stipulation Against Other Insurance — Waiver. A clause in a policy of fire insurance against other insurance is waived where, at the time the policy was issued, other insurance on the property was disclosed to the agent to the extent of $4,000; and the waiver is not affected by the fact that a “rider” was attached, expressly consenting to $2,000 additional concurrent insurance.</p> <p>Insurance — Agency—Authority op Agent — Question for Jury. It is for the jury to determine whether an insurance agent had authority to represent a fire insurance company, where all the negotiations were had with him and he assumed to act as agent for a com-</p> <p>pany whose name was not disclosed until the policy was delivered, countersigned by other agents, and the policy was written by the other agents through him as their intermediary, and the premium paid to him was accepted by the company.</p> <p>Insurance — Policy—-Notice of Other Insurance — Or