Massock v. Royal Insurance

196 Ill. App. 394

• Court: Appellate Court of Illinois
• Decided: October 20, 1915
• Docket: Gen. No. 6,112
• Status: Published

Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

4. Insurance, § 455*—how agent may waive provision of policy requiring proofs of loss. A condition in an insurance policy requiring insured to furnish proofs of loss as a prerequisite to the liability of insured thereon may be waived by its agent without express words, by conduct inconsistent with an intention to enforce a strict compliance with the condition and which conduct is calculated to lead insured to believe that insurer does not intend to require such compliance. 5. Insurance, § 455*—what constitutes waiver of proof of loss By agent. In an action to recover on a policy of fire insurance which required as a prerequisite to the liability of insurer thereon that insured furnish proofs of loss within sixty days of such loss, which condition was not complied with, held that a waiver was proved where it appeared that when informed of the loss defendant’s agent assured plaintiff that he would send a notice to insurer as a result of which insurer would send an adjuster who would adjust the loss, plaintiff being entitled to infer from such assurances that his loss would be promptly adjusted without proof of loss, and that insurer would not insist on such proofs being furnished.