Albers v. Phoenix Insurance
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleeobd, Judge. (1) Under the allegation of the petition, evidence of waiver of proofs of loss (no proofs whatever having been made) was inadmissible. McNees v. Ins. Co., 61 Mo. App. 335. (2) Even if adjuster Luther Welsh, the only adjuster who saw the assured within the thirty days for making proofs, had waived proofs (and he did not), such waiver was not effective.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleeobd, Judge. (1) Under the allegation of the petition, evidence of waiver of proofs of loss (no proofs whatever having been made) was inadmissible. McNees v. Ins. Co., 61 Mo. App. 335. (2) Even if adjuster Luther Welsh, the only adjuster who saw the assured within the thirty days for making proofs, had waived proofs (and he did not), such waiver was not effective. The only authority possessed by Luther Welsh, as shown by the evidence, was delegated* to him by another adjuster, Ira Welch. One agent can not delegate his powers to…
1Opinion of the CourtEllison, J.
This action is on a policy of fire insurance. The finding, under the instructions of the court below, was for defendant. Plaintiff afterward filed a motion for new tidal, which the court sustained. The defendant thereupon appealed from the order granting the new trial.
ter: delegation of a°cncy' The policy required proofs of loss to be made within thirty days after the fire. No proofs of loss were made in this ease, but plaintiff contends there was a waiver of such proofs. The only question of waiver arises on the action of one Welch, who appeared at the place of the loss within the thirty…
2Cases cited3 opinions
- Waldman v. North British & Mercantile InsuranceSupreme Court of Alabama · 1890
- Cohn v. Orient InsuranceMissouri Court of Appeals · 1895
- McClure v. Mississippi Valley Insurance Co.Missouri Court of Appeals · 1877
3Cited by5 opinions
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Equitable Life Assur. Soc. v. Mercantile Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1944
- Roemhild v. Home Ins. Co.Oregon Supreme Court · 1929
- Chisholm v. Royal InsuranceMassachusetts Supreme Judicial Court · 1917
- Roemhild v. Home InsuranceOregon Supreme Court · 1929