Stebbins v. Westchester Fire Insurance

Citations

• 115 Wash. 623
• 197 P. 913
• 1921 Wash. LEXIS 775

Syllabus

<p>Insurance (109)—Estoppel or Waiver — Knowledge op Agent. Knowledge of an agent who issues an insurance policy, concerning the condition and title of the property insured, is the knowledge of the insurance company.</p> <p>Same (110)—Estoppel—False Answers by Agent. Where an insurance agent issues and delivers a fire policy containing forfeiture clauses contradictory to existing facts known to him at the time, the company* issuing the policy will be held to°have waived such inconsistent provisions.</p> <p>Same (91)—Forfeiture of Policy—Change in Title. The provision of a fire insurance policy voiding it “if, with knowledge of the insured, foreclosure proceedings be commenced or notice given for the sale of any property covered by this policy by virtue of any mortgage or trust deed,” would not apply to the insured’s notice of foreclosure proceedings in case of other classes of liens.</p> <p>Same (109)—Estoppel or Waiver—Notice to Agents. Where a fire insurance company was estopped to deny its liability because of its agent’s knowledge at the time of issuance of the policy that proceedings for the foreclosure of a lien had been commenced against the property, it would be estopped to defend on the ground that the insured had notice of the sheriff’s foreclosure sale, since the latter was but a natural consequence of foreclosure proceedings.</p> <p>Same (137)—Proof of Loss—Waiver by Officers or Agents. Formal written notice of loss required by a policy of fire insurance to be given by the insured to the company may be- waived by the adjuster for the company.</p> <p>Same (146)—Right to Proceeds—Policy for Benefit of Mortgagee. Where a contract for the sale of property provided that the purchaser should “keep the buildings on said premises in good repair and insured in such sum as they will reasonably bear loss if any payable to the first parties” (the vendors), insurance taken out by the purchaser in his own name inures to the benefit of the vendor, and in case of loss t