The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-27
INSURANCE Law.

IMPORTANT AND INTERESTING DECISION
RENDERED BY JUDGE BURKs>1N HE sU-
PREbfE COURT ON THURSDAY IN THE
CASE OF GEORGIA HOME VS.. KENN1ER.
The following are the main points in the
decision Of Judge Burks rendered Thurs
day in the Supreme Court in an insurance
case that has attracted considerable atten-
ton. The opinion was .concurred in by all
the other judges except Moncure, " ho dis
serted mainly on the ground that the facts
in the cause, as certified by the court below,
did not, in his opinion, warrant the verdict
Of the Jury: 80,
!; The; Georgia Home Insurance Company
Us. Rennier's ADMINISTRATIVE This case is
q reviewo the rulings and final Judgment
OF the Corporation Court OF the city OF
Lynchburg. g.. -, -,
=. The action was brought in the court be:
low By Kennier's administrators against the
Georgia Home Insurance Company to. te-
cover the sum OF $4,000, the amount 3ins
sured ON building against loss by fire, 81
The jury rendered verdict against the
company for the amount claimed, with In
tcrest, and there was Judgment accordingly.
The policy contained numerous condi-
tions and stipulations, inserted by the COM
pany for its own benefit, the violation OF
which by the insured was visited with for
feiture of all claim to indemnity under the
policy. The main defence to the action
consisted in an alleged breach OF these con-
ditions by the insured, to counteract which
the plaintiff relied chiefly upon the acts,
declarations, and course OF dealing Of the
company, through its agent at Lynchburg,
with 1.-The insured, as dispensing with the
performance of some OF the conditions, and
q waiver Of forleitures incurred by breach
of others. .-l. -....-,r .ss.
The rulings Of the court below upon the
instructions given and refused on the trial
drew in question the proper construction OF
the policy, and especially Of the conditions
referred to and also presented for consider
alton by the court in review the important
doctrines of waiver and estoppel as applied
to policies Of insurance, the nature and ex-
tent Of such waiver, and when, how, and 10y
whom it may be made.
This is the first case, it is believed, in
which the Supreme Court OF Appeals Of
Virginia have been called upon to declare
the law on this subject, and the opinion,
therefore, Of the Court, delivered by Judge
Burks, will be regarded with interest.
The following propositions of law amongst
others are understood to be affirmed in this
case: -..., ......
l. A condition in a policy OF fre-insu-
rance that il the risk be increased by O
change OF occupation Or other means with
in the control of the assured, without the
written consent Of the insurers, "the policy
shall be void" being inserted for the bene-
| fit OF the insurers, they may dispense with
compliance Herewith or waive forfeit
ure of the policy incurred by breach
thereof, and thereby become estopped from
setting up such condition or breach in an
action for loss subsequently occurring.
| 2. And such waiver OF the forfeiture
arising from the breach of the condition
need not be in writing, but may be by
parol, at least in case where the policy is
not attested by the corporate seal Of the
company, and is hence not specially.
8. Any acts, declarations, or course of
dealing by the insurers, with knowledge of
the facts concerning breach OF condition
in the policy, recognizing and treating the
policy as still in force, and leading the as
sured to regard himself as still protected
thereby, will amount to waiver Of the for
feiture by reason Of such breach, and eStop
the company from setting up the same as q
defence when sued for subsequent loss.
/ 4. A waiver OF conditions, or forfeiture
arising from breach thereof, need not be
founded on any new consideration.
5. a local agent Of q foreign insurance
company, clothed with authority to effect
contracts Of insurance, TO fix rates OF pre-
MUM, to give consent to increase Of risks
and change of occupation OF buildings in
sured, to cancel policies on account Of in
crease Of risk, and exercise supervision over
the property covered by policies issued al
IN,
ditions, and waive forfeitures arising from :
breach thereof, in the absence Of any limita
tion upon his authority known to the as
sured.
6. The foregoing powers are necessary
incidents OF the general authority of The
agent to effect contracts Of insurance, con
duct the business at his agency, and do al
things necessary and proper in the prosecu
tion thereof.
7. a waiver of forfeiture resulting from
breach occasioned by change in the oc.
cupancy of the building, increasing the
risk, extends not only to breaches occa
stoned by the occupancy before such waiver
but to those resulting from q continuation
of such occupancy.
8. Whether the facts and circumstances
which constitute forfeiture are proved Is
question for the jury. Whether, when
proved, they amount to forfeiture, is mat.
ter of law for the court.
9. The maxim that "the words Of an in.
strument shall be taken most strongly
against the party employing them'' applies
with peculiar force in the construction of 8
policy OF insurance which is wholly the
work OF the underwater; and conditions
and provisos, especially when q breach oi
them is visited with forfeiture, should be
strictly construed against the insurer and
literally in favor Of the insured, because
they have for their object to limit the scope
and defeat the purpose Of the principal con-
| tract.
TEMPERANCE OFFICERS ELECTED.-At q
regular meeting OF Trinity Lodge, No. 81,
Independent Order Good Templars, held at
| their hall, corner Eleventh and Main streets,
the following officers were elected for the
ensuing three months: E. W. Powell, W.
C. t.; Mrs. M. A.. Mccormick, w. V. T.
Charles w. Muhley, w. S.; James Els Rid
George W. Kersey, W. NJ; Miss Sue Court
ney, I. g.; James Chappell, o. G.
AT a regular meeting Of Phoenix Lodge,
No. "a, I. 0. G. T., Thursday evening,
the following officers were elected for the
ensuing quarter: B. e. Pecor, W. G. T. ;
Miss Matte Cauthorn, w. Y. T.; W. C.
Walter, w. Secretary; C. T. Sims, W. F. S. ;
Miss Ada Lee, W. T.; T. 81. Folks, W. C. ;
&. II. Burford, W. NJ; Perry Jones, W. ].
G.; G. Fl. Whitlock, w. o. G. Chosen :
Miss Cora Smith, R. 81. S.; Miss NJ. Lee, L.
81. s.; Miss S. L. Ritsch, W. A. s.; P. W.
C. T., T. c. Minor. ~,
MERCHANTS AND MECHANICS BUILDING