A Treatise On the Law of Waiver

Cover A Treatise On the Law of Waiver
A Treatise On the Law of Waiver
Renzo D Renzo Dee Bowers
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, 1 Abb. Ct. Of App. Dec. 316.
51. Fishbeck v. Phoenix Co.. 64 Cal. 422. City Ins. Co. V. Carrugi, 41 Ga. 660. Pitney v. Glens Falls Co. , 65 N. Y. 6.
52. Atl. Ins. Co. V. Goodhull, 35 N. H. 32S.
53. National Co. V. Crane. 16 Md. 260.
Kenton Ins. Co. V. Shea, et al.. 6 Bush 174 ; 99 A. D. 676.
54. Hutchinson v. Western Co. , 21 Mo. 97; 64 A. D. 218. Barrett v. Union Mut. Co. , 7 Gush. 175.
Dietz v. Mound City Co.. 38 Mo. 85. Bennett v. St. Paul Co. , 55 N. J. L. 377; 27 Atl. 641. 6 Sanders v. C
...ooper, 115 N. Y. 279; 22 N. E. 212; 12 A. S. R. 801.
200 THE LAW OF WAIVER lent the weight of its authority 56 . But in Missouri and New York courts a change has been made from their former views and the first-named doctrine has been adopted 57 . In fact the greater number of au- thorities and the weightier ones are in favor of the principle which sound sense and fair dealing de- mand, that if an insurer deliver its policy and collect premiums from the insured, knowing at the time, by itself or its agent, of the existence of other insurance contrary to the terms of the policy, compliance with the condition is waived and the policy is valid with- out an indorsement of the other insurance upon the policy 68 .


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