Hunt v. State Insurance Co. of Des Moines
Nebraska Supreme Court
ERROR from the district court for Dakota county. Suit on fire insurance policy. Tried below before Kinkaid, J. An agent of an insurance company may orally waive the terms of a policy of insurance notwithstanding the fact that the policy contains a clause prohibiting such waiver unless it is indorsed on the policy in writing. Westchester Fire Ins. Go. v. Earle, 33 Mich., 143; Eclectic Life Ins. Go. v. Fahrenkrug, 68 Til., 463; Young v. Hartford Fire Ins.
Read the full summary
ERROR from the district court for Dakota county. Suit on fire insurance policy. Tried below before Kinkaid, J. An agent of an insurance company may orally waive the terms of a policy of insurance notwithstanding the fact that the policy contains a clause prohibiting such waiver unless it is indorsed on the policy in writing. Westchester Fire Ins. Go. v. Earle, 33 Mich., 143; Eclectic Life Ins. Go. v. Fahrenkrug, 68 Til., 463; Young v. Hartford Fire Ins. Go., 45 la., 377; McGurk v. Metropolitan Life Ins. Go.,* 16 Atl. Rep. [Conn.], 263; Bartlett v. Fireman’s Fund Ins. Go., 41 N. W. Rep. [Ia.],…
1Opinion of the Court
Albert, C.
This action was brought on a policy of insurance against loss by fire to recover for the loss of a building thereby insured. The policy contains, among other provisions, the following: “If there is any change in the occupant or occupancy of the premises insured, or if the buildings insured, or either of them, become vacant, * * * this policy shall be void.” The defendant, among other defenses, pleaded a breach of the foregoing provision. The plaintiff in her reply admitted the breach, but in avoidance thereof alleged a waiver. At the conclusion of the testimony the court directed a…
2Cases cited1 opinion
- Burner's Administrator v. German-American InsuranceCourt of Appeals of Kentucky · 1898
3Cited by14 opinions
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Bainter v. AppelNebraska Supreme Court · 1932
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
9 more not listed; retrieve them via the Exa API.