New York Underwriters Insurance v. Noles

Frankum, Judge.

The sole question to be determined, as admitted by the attorneys for both parties, is whether or not the conduct of the defendant’s agent and adjustors will amount to a waiver of a contractual provision in a policy of insurance that requires the insured to submit sworn proofs of loss within a specified time as a prerequisite to any claim against the insurance company.

“Waiver is a voluntary relinquishment of some known right, benefit, or advantage which, except for such waiver, the party otherwise would have enjoyed.” Gray Lumber Co. v. Harris, 8 Ga. App. 70 (68 S. E. 749);…