Swedish American Insurance v. Knutson

Citations

• 67 Kan. 71
• 72 P. 526
• 1903 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Conditions as to Additional Insurance Waived. The provisions of an insurance policy issued by a mutual firé insurance company organized under the laws of this state, and of the by-laws of the company attached to such policy, to the effect that the procuring of additional insurance on the property covered shall render the policy void unless the written consent of the company be indorsed on the policy, are waived by the failure of the company'either to cancel the policy or to indorse its consent within a reasonable time after notice to it of the additional insurance, and before loss occurs.</p> <p>a. -Practice, Supreme Court. A judgment in favor of the assured in an action on a fire insurance policy will not be reversed for the failure of the court to instruct the jury with reference to a provision of the policy, if the record fails to show affirmatively that such provision was brought to the attention of the court before the case was submitted.</p>