Albert v. Home Fire & Marine Insurance Co. of California

Appellants assert that the circuit court should have received the testimony of Kaufman and Theodore Albert concerning the instructions orally given by Kaufman. Appellants apparently concede that an oral waiver would be ineffective under the terms of the policy, but urge that Kaufman’s instructions set up an estoppel in pais.

Kaufman’s instructions were vague. He said to use the “last fiscal inventory.” There was no discussion as to when appellants’ “fiscal period” ended. On the other hand, it is clear from the terms of the policy that the actual cash value on the last day of the calendar month…