Tibbs v. Great Central Insurance

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

Insurance policy provisions requiring proof of loss and limiting the time within which an action on the policy may be brought are inserted for the benefit of the insurer and therefore may be expressly or impliedly waived by words or conduct of the insurer inconsistent with an intention to demand compliance with such limitations. Since forfeitures of the rights of insured persons are not looked upon with favor by the courts, the doctrine of waiver has developed in order to avoid forfeitures in a variety of circumstances in which conduct by an insurer has…