Ætna Insurance v. Shryer

The controlling question in this case is, "whether the agents of the appellant waived the formal proofs ■of loss required by the policy of insurance upon which rests the judgment of the appellees against the company.

Involved in this general question is the enquiry, whether the persons by whom the waiver is asserted to have been made, were authorized to waive preliminary proof of loss. It is not every agent of an insurance company that has authority to waive performance of the conditions of the policy, and the authority to make such a waiver can not be inferred from the mere fact that the…