Harmon v. State Mutual Insurance Co.

Atkinson, Justice.

(After stating the foregoing facts.) The question here presented for determination is whether an act of the insured which forfeits the terms of an insurance policy, is waived by the company collecting and retaining the premium, when an officer or agent of the company, having authority to issue policies or to enter the waiver, has actual knowledge of the act of the insured which created the forfeiture.

We are not here confronted with the question of an express waiver, which would have to be in writing and issued by one of the officers of the company designated in the policy;…