5. German Ins. Co. v. Carrow, 21 Ill. App. 631; Burlington Ins. Co. v. Toby, 10 Tex. Civ. App. 425, 30 S. W. Rep. 1111. 6. Dibbrell v. Georgia Home Ins. Co., 110 N. C. 193, 14 S. E. Rep. 783.

7. Universal Ins. Co. v. Stewart, 3 Penny. (Pa.) 536. And see "Adjuster and Adjustment;" also, "Statement or Proof of Loss," p. 226.

RULE 32.

Extension of Time by Company.

Where the insurance company voluntarily extends the time for the commencement of an action it cannot withdraw such extension, nor attach conditions to it without consent of the assured.

Cockran v. London Assur. Co., 93 Va. 553, 25 S. E. Rep. 597.

RULE 33.

Effect of Statute Prescribing Limitation as to Insurance Policies.. Where there is a statute prescribing a certain time for commencement of actions upon insurance policies, it renders the limitation clause in the policy inoperative if in conflict with it.1 The contract limitation in the policy controls a general statute of limitations.2

1. Small v. Westchester Ins. Co., 51 Fed. Rep. 789, 22 Ins. L. J. 660; German Ins. Co. v. Luchet, 12 Tex. Civ. App. 139, 34 S. W. Rep. 173. And see Muse v. London Assur. Co., 108 N. C. 240, 13 S. E. Rep. 94; Johnson v. Dakota Ins. Co., 1 N. D. 167, 45 N. W. Rep. 799; Insurance Co. of N. A. v. Brim, 111 Ind. 281; Dolbier v. Agricultural Ins. Co., 67 Me. 180.

2. Mead v. Phoenix Ins. Co.,

Kans.

75 Pac. Rep. 475, 64 L. R. A. 79. And see Rule 2. In Nebraska it is held that the limitation clause being in conflict with the of limitations is void as against public policy. Ins. Co., 54 Nebr. 121, 74 N. W. Rep. 416.

general statute Miller v. State

RULE 34.

Limitation as Applied to Lloyds Policy.

Where the policy is made and issued by Lloyds underwriters providing in substance that action shall be brought against one underwriter, which shall be decisive of claim against the others, and one of them is properly served with process in limited time, the other underwriters cannot plead the limitation clause in the policy.

New Jersey Concentrating Works v. Ackerman, 6 App. Div. 540.

CHAPTER TENTH.

Waiver of the Terms and Conditions of Policy - Estoppel.

RULE 1. Waiver as governed and limited by contract.

2. Same subject - Specific exception as to appraisal and examination.

3. Waiver as affected by standard form of policy-Estoppel.

5. Waiver as affected by construction of two classes of

conditions.

6. Distinction between waiver and estoppel.

7. Waiver is no presumption of law.

8. Insured bound by limitations on agent's authority in accepted policy.

9. Limitation on preceding rule - Estoppel - Construction by company's agent.

10. Same subject - May be evidence of authorityQuestion of fact.

11. Same subject - Estoppel - Distinction.

12. Same subject - Limitation on authority of agent no application to inception of contract prior to its delivery.

13. Limitation to certain officer may be waived.

14. Limitation of authority no application to officers of company.

15. Waiver may be effective though not in mode specified. 16. Issue and delivery of policy with knowledge of facts -Burden of proof.

17. Knowledge of facts acquired previously.

18. Must be actual knowledge

Public records.

Constructive notice

19. Estoppel does not always depend on actual knowledge when policy issues-Sufficient if company put upon inquiry.

20. Knowledge of insured's intention to do something in future no estoppel-Oral promise and opinion by agent.

RULE 21. Rule as to estoppel when policy issues no application to future acts or omissions.

22. Effect of promise by agent to make indorsement on policy to which he has access in possession of a third party Exception.

23. Authority of soliciting agents.

24. Same subject - Estoppel -Written

application.

25. Error in application Estoppel - Parol evidence. 26. Power of agents to employ clerks

Their authority. 27. Limitation on agent's authority in policy, operative after its issue.

28. Same subject - Limitation to preceding rule.

29. Test of authority of agent as bearing on a question.

of waiver.

30. Effect of failure to cancel and return unearned pre

mium.

31. Effect of payment of premium and receipt therefor after issue of policy.

32. Effect of written consent held for insured by agent
Effect of his statement.

33. Effect of written indorsement for another purpose.
34. Waiver by treating policy as in force after a fire.
35. Same subject - Limitation on preceding rule.
36. Forfeiture not favored - Estoppel.

37. Effect of officer or agent acting in ignorance of what
others know or have done or said.

38. In absence of express waiver there must be some elements of estoppel-Silence.

39. When silence may be an element of estoppel.

40. Waiver dependent on intention May be inferred. 41. Knowledge essential element of waiver.

42. Refusal to pay on specified ground as estoppel.

43. Omission to disclose ground of defense when claim
made.

44. Waiver not prevented by assertion of no waiver.
45. Acceptance or retention of premium after fire as evi-
dence of waiver.

46. Effect of agreement in settlement and compromise.
47. Effect of offer in compromise.

48. Authority of local agents.

49. Limitation on authority of agents in policy no appli cation to adjuster - Estoppel.

RULE 50. Authority of adjuster.

51. Adjuster cannot treat policy as both void and valid Judged by what he does.

52. A nonwaiver agreement does not necessarily prevent waiver.

53. Nonwaiver agreement not extended by construction. 54. Stipulation by insured does not necessarily prevent waiver by adjuster.

55. Nonwaiver agreement must be received and considered by the court.

56. Facts occurring before execution of nonwaiver agree. ment.

57. Effect of assertion by adjuster that policy is void, coupled with suggestion for proofs.

58. Waiver as question of fact or law.

59. Waiver of premium.

60. Waiver of condition precedent should be pleaded.
61. Pleading and evidence of waiver or estoppel as to an
affirmative defense.

RULE 1.

Waiver as Governed and Limited by Contract.

The policy is made and accepted subject to its stipu- . lations and conditions, together with such other provisions, agreements, or conditions as may be indorsed thereon or added thereto, and no officer, agent, or other representative of the company shall have power to waive any provision or condition of the policy except such as by its terms may be the subject of agreement indorsed thereon or added thereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached thereto, nor shall any privilege or permission affecting