Witmer v. Royal Insurance

Citations

• 68 Pa. Super. 12
• 1917 Pa. Super. LEXIS 62

Syllabus

<p>Insurance — Fire insurance — Adjustment—Waiver of provision of policy.</p> <p>An insurance company may waive a condition in a policy by parol, although it contains a stipulation that there shall be no waiver of any condition except upon an express agreement endorsed on the policy.</p> <p>In an action upon a fire insurance policy which contained a provision that “no person unless duly authorized in writing shall be deemed the agent of this company,” an award of arbitrators chosen under a written agreement made in accordance with provisions in the policy by the insured with a representative of an adjustment company claiming to represent the insurance company but without written authority, is admissible in evidence where a letter from the insurance company to its local agent admitted in evidence stated that the adjustment of the plaintiff’s claim had been referred to the said adjustment company.</p> <p>In such case it is error to refuse to admit offers to show that the representative of the adjustment company was authorized to adjust the loss and the manner in which losses were adjusted by the adjustment company and its relations with the insurance company.</p>