Watson v. Norwich Union Fire Ins. Soc.

Citations

• 26 Ohio C.C. Dec. 351
• 23 Ohio C.C. (n.s.) 363

Syllabus

<p>INSURANCE.</p> <p>1. Insurance Policy on Manufacturing Plant Voided by Factory Remaining Idle.</p> <p>Where a pplicy of fire insurance covering a manufacturing establishment contains the provision that the entire policy shall be void if the establishment cease to be operated for more than thirty consecutive days unless consent thereto shall be endorsed on the policy, and a fire occurred after the establishment had been idle for more than thirty consecutive days, the insured is not relieved from this contractual provision by a rider attached to the policy, reading: “privilege of temporarily ceasing operations, not exceeding thirty days at any one time, without notice to the company.”</p> <p>2. Rider to Fire Policy Permitting Closing of Factory not Exceeding Thirty Days no Waiver of Policy Conditions unless Endorsed.</p> <p>Nor does it avail the insured that the agent who wrote the policy knew that the establishment was idle at the time the policy was written and remained idle until the occurrence of the fire, where there was a further provision in the policy that no agent should have power to waive any condition of the policy except as such waiver is endorsed thereon.</p>