Sargent v. Canterbury Mutual Fire Insurance

“The fact of a waiver, like other facts, must be found from some evidence.” Maynard v. Insurance Co., 76 N. H. 275, 277. Silence, when there is no duty to speak, is no evidence of a waiver. Kilgore v. Association, 78 N. H. 498, 500. In the absence of misrepresentation the insured is presumed to know the provisions, terms and conditions of his policy. Lauze v. Insurance Co., 74 N. H. 334, 338, and cases cited.

Silence being a right unless the circumstances are such that it amounts to misrepresentation, the defendant’s exercise of the right was no relinquishment of the right of forfeiture. There…