Mesterman v. Home Mutual Insurance

The opinion of the court was delivered by

Hoyt, J.

Although there are some cases'holding the contrary, we think the decided weight of authority, as well as the better reasoning, is in favor of the rule that an insurance company is estopped from asserting the invalidity of its policy at the time it was issued for the violation of any of the conditions of such policy, or the application therefor, if, at the time that it was so issued, the fact of such violation was known to the company, or its duly authorized agent. That the Northwest Fire and Marine Insurance Company had knowledge, at the time…