Arkell v. Commerce Insurance
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. This is an action to recover on a policy of insurance. The defense is, that there was a breach of certain conditions of the policy. The reply of the plaintiffs is, that whatever they did was by the express consent of the defendant’s agent. There are several clauses under which the defense is alleged to arise. Brown Stafford & Son were the agents of the defendants who issued the policy.
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Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. This is an action to recover on a policy of insurance. The defense is, that there was a breach of certain conditions of the policy. The reply of the plaintiffs is, that whatever they did was by the express consent of the defendant’s agent. There are several clauses under which the defense is alleged to arise. Brown Stafford & Son were the agents of the defendants who issued the policy. In the spring of 1873 the plaintiffs applied to Brown Stafford & Son, the agents of the defendants, in regard to patting…
1Opinion of the Court
Learned, P. J.:
Under the decisions in Whitwell v. Putnam Fire Ins. Co. (6 Lans., 166); Pechner v. Phœnix Fire Ins. Comp, (id., 411); Van *457Allen v. Farmers' Joint Stock Ins. Co. (4 Hun, 413); Parker v. Arctic Ins. Co. (1 N. Y. S. C., 397, affirmed in Court of Appeals ; see case last previously cited), it must be cousidered as settled that a general agent of an insurance company, (such as Brown Stafford & Son were), can waive by parol a condition inserted in a policy for the benefit of the company; even although the policy provides that such condition can be waived only in writing.
The clause of…
2Cases cited1 opinion
- Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872