Tacoma Lumber & Shingle Co. v. Fireman's Fund Insurance

Citations

• 87 Wash. 79
• 151 P. 91
• 1915 Wash. LEXIS 1046

Syllabus

<p>Insurance—Fire Insurance—Cancellation oe Policy—Notice— Necessity. Under 3 Rem. & Bal. Code, § 6059-108, providing for the cancellation of insurance policies only upon the giving of five days’ notice to the insured, an attempted cancellation without notice to the insured is void.</p> <p>Same—Policy—Validity ■—• Prior Insurance — Substitution. A policy of fire insurance intended as a substitute for a prior policy, the cancellation of which was ineffective, is void, since the prior policy was still in effect.</p> <p>Same—Policy—Cancellation—Acquiescence. There can be no acquiescence by the insured in the substitution of a policy of fire insurance for a prior policy, the cancellation of which was ineffective, where the property was destroyed by' fire before the insured was notified of the attempted cancellation and substitution; especially where surrender of the prior policy was refused.</p> <p>Same—Policy—Cancellation-—Notice — WAivEfe—Authority op Agents. Insurance agents representing several companies, and authorized to keep a customer insured, have no authority to waive or accept for the insured the required statutory notice of cancellation of a policy.</p>