West Coast Lumber Co. v. State Investment & Insurance

Citations

• 98 Cal. 502
• 33 P. 258
• 1893 Cal. LEXIS 950

Syllabus

<p>Eire Insurance—Estoppel of Insubebs—Waiver of Defense—Insurers may by their acts and conduct be estopped from availing themselves of a defense which they otherwise interpose to an action upon their policies, or may waive their right to avail themselves of such a defense.</p> <p>Id.—Insurance on Unoccupied Building—Proviso as to Invalidity—Presumption of Waiver. —If a building is insured against loss by fire under a policy containing a proviso that it shall be or become void in case the building is or shall become vacant or unoccupied, when it was well known to the insurer at the date of the policy and subsequently that it was and remained unoccupied» the insurer will be presumed to have waived the clause as to occupancy.</p> <p>Id.—Insurance of Lumber Company—Policy in Name of Lessee—Surrender of Leasehold Interest—Waiver of Forfeiture—Power of Local Agent. — Where a policy of fire insurance was issued in the name of a lessee, at the instance of a lumber company, which furnished material for the erection of a frame building by the lessee, and the lumber company paid the premium and received the policy which provided that the loss, if any, should be payable to the lumber company, as its interest may appear, and also provided that if any change takes place in title or possession without the consent of the insurance company indorsed on the policy, the policy shall be void, but contained no provision in regard to the mode of waiver of a forfeiture, or stating by whom a waiver might be made, it must be assumed that the local agent who issued the policy had power to bind the insurance company by such waiver by his acts or declarations, and its right to terminate the policy on account of the surrender of the leasehold interest by the lessor, without indorsement of consent on the policy, is waived by the declaration of such local agent to the agent of the lumber company that no change in the policy of insurance was necessary on account of such surrender.</p> <p>Id.—Proof