Rejection of claim waives presentation of proofs. Popa vs. Northern Absolute refusal to pay waives compliance with preliminaries of proofs Insured need not furnish proofs if insurer absolutely denies liability. Kutschenreuter vs. Providence-Washington Ins. Co. (Wis). (560) If insurer, after being furnished imperfect proof, resists payment on the sole ground that insured was not owner of property, he thereby waives further proof of loss. Houseman vs. Globe & Rutgers Fire Ins. Co. (W. Va.)..... Where evidence discloses proof of loss, though defective, was accepted and retained by company and no complaint made of defects, they were waived. Insurance Co. of North America vs. Cochran (Okla.) (561) Forfeiture is not waived by company by having loss investigated by an adjuster a few days after the fire. Smith et al. vs. Western Assur. Co. (Ga). XV. Adjustment of Loss. (565) Where company agent was notified of death and viewed the body and said he was satisfied and that loss would be paid and the adjuster recognized his authority until suit was brought and then denied, company was estopped to deny the agency. American Nat. Ins. Co. vs. Nuckols (Tex.) Though claim agent was without actual authority to make settlement found by jury to have been made, defendant could not waive want of authority and ratify settlement. Griffith vs. Frankfort General Ins. Co. (N. D.)... (570) Arbitrators or appraisers should be disinterested unless by mutual understanding they are intentionally selected as partisans. Doherty et al. vs. Phoenix Ins. Co. (Mass.), (571) Signature of umpire is without vitality unless and until the two appraisers have failed to agree. Collings Carriage Co. VB. German-American Ins. Co. et al. (N. J.)... (574) Award may be impeached upon ground of misconduct. Doherty et al. vs. Phoenix Ins. Co. (Mass.). Representation was of a "material fact," so as to entitle the tenant to rescind the contract of settlement and sue for the entire loss. Hudson vs Glens Falls Ins. Co. (N. Y.).. 418 492 652 634 676 322 422 414 398 591 197 222 197 205 222 420 Award was invalid since, if through accident or mistake, it does not embody the real judgment of the parties who return it. Collings Carriage Co. vs. German-American Ins. Co. et al. (N. J.).... Appraisement does not discharge cause of action although binding as to amount fixed by such appraisement if not fraudulently procured. Young vs Pennsylvania Fire Ins. Co. (Mo.)...... Partiality of appraiser or arbitrator selected by insurer invalidated the award, and was a defense against it and its acceptance. Fass et al. vs. Liverpool & London & Globe Fire Ins. Co. (S. C.)... 545 (575) As there was no provision for second effort at appraisement, insured might institute action without any second offer of appraisement. Providence-Washington Ins. Co. vs. Kennington (Miss.). (576) Insurer did not waive its right to an arbitration with county treasurer. Etna Ins. Co. vs. Cowan, County Treasurer (Miss.). If adjuster makes proof of loss from data furnished by insured which Arbitration clause being put in policies wholly for protection of in- 70 103 323 354 397 (579) All that is required to validate compromise on life policy is that beneficiary understand the settlement and that insurer act in good faith McDonald vs. Etna Life Ins Co. (Tex.)... Statements by insured under automobile policy to claimant that he was insured and would try to get settlement with the company for injury to claimant, and later that a lawyer coming to see claimant represented the insurance company and not the insured, although he did not call himself the insured, did not constitute an "interference with negotiations for compromise," prohibited by the policy. Hopkins vs. American Fidelity Co (Wash.).... 476 It cannot avail of a favorable settlement with A, relieving it from liability on its insurance contract and at the same time keep money it agreed on said settlement with A to pay under claim that under the contract it could have defended and B. refused to have paid anything, because B advanced said $150 in violation of its insurance contract. Griffith vs. Frankfort General Ins. Co. (N. D)...... XVI. Right to Proceeds. (580) In absence of some special provision to contrary, loss recovered must be a loss to person insured. Millard et al. vs. Beaumont et al. (Mo.) Assured whose building is totally destroyed by fire, has no right to waive the benefit of the statute abolishing the three-quarter value clause Tilley vs. Camden Fire Ins. Ass'n (La.).... (581) Where mortgagee insures at his own expense without stipulations in favor of the mortgagor and did not impose obligation and duty on mortgagee to protect property for mortgagor's benefit, mortgagee, in case of loss or damage is not accountable to the mortgagor for insurance collected. Stuyvesant Ins. Co. vs. Reid et al. (N. C.)... 591 107 654 108 103 Loss did not create new contract with county treasurer. Etna Ins. Co. vs. Cowan, County Treasurer (Miss.). (582) On facts stated, there was no new contract entered into with life tenant for his personal indemnity against loss, the loss payment clause merely perpetuated policy in favor of the successors to title of property insured, Millard et al. vs. Beaumont et al. (Mo.).... 107 Where trustee to whom policy was payable as his interest might appear, in suit on policy by owner, answered, disclaiming interest, owner's right to recover full amount due, was established and not cut off by his disclaimer. Camden Fire Ins. Ass'n vs. Baird et al. (Tex) (583) Where party furnishes money in an emergency to one whose life is insured and has no assignment of the life insurance policy, he cannot maintain an action against insurer. Foryciarz vs. Prudential Ins. Co. of America (N. Y.)... Payment by company under industrial policy was permissible under the usual "facility payment clause." Metropolitan Life Ins. Co. vs. Nelson (Ky.) (585) Second wife cannot claim proceeds by reason of payment of premiums. In re Shanley (N Y.). Interest of joint assureds is a several policy upon the life of each and not a joint tenancy. Equitable Life Assur. Soc. of the United States vs Weightman (Okla.)..... (586) Since wife took a vested interest in policy, although her status as a married woman was changed by divorce, policy would still belong to her. Christman vs. Christman et al. (Wis.). Statute-where insured takes out policy for benefit of wife and upon her death for benefit of children, and after death of wife one of the children dies without issue before insured, his part goes to surviving beneficiaries. Mutual Life Ins. Co. of N. Y. et al. vs. Spohn et al. (Ky.).... 426 29 180 485 626 60 181 Insurer cannot by contract with insured change the vested rights of In strict contract of life insurance beneficiary takes vested interest. In re Vested interest can be taken away by consent only. Jones vs. North (587) Provision in insured's will bequeathing proceeds of policy to others, 568 485 629 601 60 61 485 614 vs. Ten Winkel (Colo.)..... Insured and insurer had no right to change beneficiary without latter's consent in the absence of provision permitting such change. Jones vs North Carolina Mutual & Provident Ass'n (S. C).... 629 (27) (589) Statute-where insured takes out policy for benefit of wife and upon her death for benefit of children, and after death of wife one of the children dies without issue before insured, his part goes to surviving beneficiaries. Mutual Life Ins. Co. of N. Y. et al. vs. Spohn et al. (Ky.).. Wife's administrator might sue her for one-fourth interest in policy and collect it. German-American Trust Co. VS. Ten Winkel (Colo.) (590) Trustee may in a proper case himself raise question of bankrupt's right to a claimed exemption. Life insurance policies assigned to wife with reservation of right to change beneficiary and which had cash surrender values at time of bankruptcy, passed to trustee unless exempt. In re Bonvillain (U. S.).... Trustee cannot compel surrender of policy which had cash value where wife was sole beneficiary even though beneficiary option was in policy. In re Arkin et al., Appeal of Goidel, (U. S.). Rule that trustee succeeds to rights of bankrupt does not apply to case of creditor seeking to subject insured's policy interest to his judgment, in which case plaintiff can only reach insured's property. Chelsea Exch. Bank et al. vs. Travelers' Ins. Co. (N. Y.) Policy payable to wife is exempt though designation is revokable where no revocation has been made and no interest passes to his trustee under statute. Frederick vs. Metropolitan Life Ins. Co. of New York (U. S).. (593) Assignee of industrial policy who advances money to wife was entitled to insurance money. Foryciarz VS. Prudential Ins. Co. of America (N. Y.). (594) Insurance policy being nonnegotiable, assignee of beneficiary has no better claim than his assignor. Equitable Life Assur. Soc. of the United States vs. Weightman (Okla.).. 181 614 168 167 369 601 20 626 ... XVII. Payment or Discharge, Contribution, and Subrogation. (597) Despite any hardship which may work on insured, he was not entitled to payment of benefit for total disability until period of disability had ceased. Commonwealth Bonding & Casualty Ins. Co. vs. Knight (Tex.) (598) Extent of company's liability under policy is governed by terms of the contract and limited to $5,000 and the expense of defending the action against the insured, if the company elects to defend, and the interest accruing on judgment recovered is not part of such expense. Curtis & Gartside Co. vs Etna Life Ins. Co. (Okla.) (599) Where agent merely secured beneficiary's endorsement on check, delivery could not be inferred. Shea vs. Manhattan Life Ins. Co. (Mass.) (602) Formal demand on insurer after maturity of policy is fixed according to its terms and is necessary to entitle insured to the penalty. De Rossett Hat Co. vs. London & Lancashire Fire Ins. Co. et al.. (Tenn.) ..... Statute providing penalty of 25 per cent for nonpayment of loss within sixty days after demand, being a penal statute, must be strictly construed. De Rossett Hat Co. vs. London & Lancashire Fire Ins. Co. et al. (Tenn.)... Where there were facts disclosed after loss tending to throw suspicion on insured's claim, insurer was not liable for penalty for vexatious delay. Gueringer vs. Fidelity & Deposit Co. of Md. (Mo.).. Defendant was not liable to damages for refusing to pay full amount 138 675 110 110 160 339 413 of policy. Glover vs. Liverpool & London & Globe Ins Co. (Mo.). 220 Refusal of company to pay amount of policy cannot be deemed vexatious. Strawbridge vs. Standard Fire Ins. Co. (Mo.): 330 Whether refusal to pay is vexatious is question of fact for the jury. Lemaitre vs. National Casualty Co. (Mo)... Allowance of an attorney's fee and penalty provided by statute was error. Etna Ins. Co. et al. vs. Short (Ark.) Evidence that company threatened to keep case in court for five years if plaintiff did not accept fraudulent appraisement, together with other evidence, sufficient to sustain an award of attorney fees for vexatious refusal. Young vs. Pennsylvania Fire Ins. Co. (Mo.). 420 Under statute, penalizing refusal to pay, words "not in good faith" are antithetical to "in good faith." Silliman vs. National Life Ins. Co. (Tenn.) If company arbitrarily refuses to pay amount which its adjuster has admitted to be due, company is liable for 12 per cent damages and reasonable attorney's fees. Tilley vs. Camden Fire Ins. Ass'n (La) 506 654 171 (603) Where release was secured under false representations, it is not binding. Holleran vs. Prudential Ins. Co. of America (U. S.). Immaterial that company procured release from sister of assured as it appears that she was assured's agent for sole purpose of paying premiums. National Life Ins. Co. vs. Jackson (Ga.).... 492 (604) "Contribution" has a fixed legal meaning, and arises between COinsurers only. National Fire Ins Co. vs. Dennison (Ohio).. Mortgagor could not recover from insurer difference between face value and amount paid mortgagee; liability to her having been discharged by payment of greater amount than could have been recovered. Palmer vs McFadden (N. J.).. (606) Defendant had no claim to insurance money and no protection from plaintiff's right of subrogation by reason of its payment to seller under general policy. Stuyvesant Ins. Co. vs. Reid et al. (N. C.) Insurance company in case of loss on payment of policy and satisfaction of debt, is entitled to be subrogated to rights of the mortgagee. Stuyvesant Ins. Co. vs. Reid et al. (N. C.).. Where assured has recovered for damage against third party, right to recover against insurers would be limited to remainder of the loss covered by policies. Etna Ins. Co. et al. vs. Hann et al. (Ala) Where policy is upon interest of mortgagee, company has right to pay mortgage and take assignment. or to become subrogated to rights of mortgagee in case there is no assignment. Hackett vs. Cash (Ala.) Insurer having failed to provide for contribution as to mortgagee, was liable for payment made and could not recover excess from mortgagor. Palmer vs McFadden (N. J.).. (607) Insurer could not recover against ship owner for whose benefit insurance was effected. Fireman's Fund Ins. Co. vs. Globe Nav. Co. (U. S.) 308 517 108 108 314 315 517 551 48 105 (608) Statute relating to misrepresentations is not intended to prevent court Where proof showed on its face loss due to assured was full amount 165 420 654 615 (614) Defendant alleged that death was caused by suicide and further, that it was caused by the beneficiary. Court denied plaintiff's motion that defendant be required to elect upon which claim it would rely upon the ground that the two were inconsistent. The ruling was correct McAlpine vs. Fidelity & Casualty Co. (Minn)...... 330 (615) That owner of automobile allowed a guest to give some directions to chauffeur did not make chauffeur agent of guest instead of owner, and chauffeur's negligence was not imputable to guest, so, in an action by owner on an accident policy, guest having been injured and recovered against her, it was no defense, though owner refused the requests of insurer to make the defense of imputed negligence. Collins's Ex'rs vs. Standard Acc. Ins. Co. (Ky.) (616) Defendant company had right to show, if it could, that when the one who had recovered judgment against insured was injured, he was not an employee of the insured, within the meaning of the policy. Burke et al. vs. Maryland Casualty Co (Mich) *(617) Plaintiff's rights were fixed and he may pay or tender assessments in amount fixed by court and when policies mature at his death, question as to enforcing payment might then be litigated vs. Hartford Life Ins. Co. (Iowa). 152 474 Frick 499 |