Carusone v. American Colony Insurance

The only questions are: Did the local agent, who wrote the policy, have such authority that his acts and oral declarations to the insured make out a waiver on the principle of estoppel of the provision in the policy requiring proofs of loss to be filed within sixty days from the time of the fire, and if he had such authority did his acts and statements amount to a waiver?

The answer to the first question in the negative makes unnecessary the determination of the second question.

In Quinlan v. Providence Washington Ins. Co. (133 N. Y. 356) the local agent informed the insured that “ He need take…