Stewart v. General Accident Insurance Co. of Philadelphia

Citations

• 39 Pa. Super. 396
• 1909 Pa. Super. LEXIS 499

Syllabus

<p>Insurance — Accident insurance — Warranty—Waiver—Acceptance of assessment — Principal and agent — Notice.</p> <p>1. Where an accident insurance company has full knowledge through • its agents of an alleged false warranty made by an insured in his application, and after an accident continues to collect assessments from the insured for several months, it cannot in a suit on the policy set up the alleged false warranty as a defense. In such a case the jury may find that the company had waived the condition or limitation in the policy as to which the warranty was made.</p> <p>2. Notice to an agent when it is the duty of the agent to act upon such notice, or to communicate it to his principal, in the proper discharge of his duty as agent is notice to the principal, and applies to agents of corporations, as well as to others.</p>