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" Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will... "
Commentaries on the Law of Estoppel and Res Judicata - Página 1346
por Henry Morrison Herman - 1886 - 1646 páginas
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A Treatise on the Law of Estoppel Or of Incontestable Rights

Melville Madison Bigelow - 1913 - 948 páginas
...Supreme Court of the United States has expressed the law of the subject in a formal rule, as follows: Any agreement, declaration, or course of action on...incurred, followed by due conformity on his part, will estop the company from insisting upon a forfeiture which by the express terms of the contract might...
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Digest of Insurance Cases, Volume 26

1914 - 578 páginas
...be taken as an acknowledgment that he had been properiy suspended. Same — Forfeiture — Waiver: A course of action on the part of an insurance company which leads the insured into believing that by conforming thereto a forfeiture will not be incurred, followed by...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 79

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1916 - 808 páginas
...Eggleston, 96 US 572, 577 (24 L. Ed. 841), in discussing this subject, Mr. Justice BRADLEY asserts : "Any agreement, declaration, or course of action,...from insisting upon the forfeiture, though it might be claimed under the express letter of the contract. The company is thereby estopped from enforcing...
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The Southeastern Reporter, Volume 88

1916 - 1138 páginas
...election to waive a forfeiture or an agreement to do so, upon which the party has relied and acted. Any agreement, declaration, or course of action on...conformity on his part, will and ought to estop the eompa_ny from insisting upon the forfeiture, though it might be claimed under the express letter of...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 37

South Dakota. Supreme Court - 1917 - 804 páginas
...NW 355' Respondent urges that the following well-recognized rule is applicable to this case, viz. : "Any agreement, declaration, or course of action,...from insisting upon the forfeiture, though it might be claimed under the express letter of the contract." Hartford Ins. Co. v. Unsell, 144 US 439, 12 Sup....
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Waiver Distributed Among the Departments, Election, Estoppel, Contract, Release

John Skirving Ewart - 1917 - 338 páginas
...agents cannot waive forfeitures. 1 The classic quotation is from the Supreme Court of the United States: Any agreement, declaration, or course of action, on...on his part, will and ought to estop the company, though it may be claimed under the express letter of the contract. The company is thereby estopped...
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A Treatise on the Law of Insurance of Every Kind, Volume 2

Joseph Asbury Joyce - 1917 - 1216 páginas
...policy. But it is also declared that any course of action on the part of an insurer which leads an insured honestly, to believe that by conforming thereto,...incurred, followed by due conformity on his part, estops the insurer from insisting upon a forfeiture, though it might be claimed under the express letter...
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Leading Cases of the Court of Civil Appeals of the State of ..., Volume 6

Tennessee. Court of Civil Appeals, Joseph Carrigan Higgins - 1917 - 764 páginas
...representation, or duties, the assured has been lead to believe that the forfeiture will not be insisted upon. Any agreement, declaration or course of action on...part of an insurance company, which leads a party honestly to believe that by conformity thereto a forfeiture of his policy will not he incurred, followed...
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A Treatise on the Law of Life and Accident Insurance: Including ..., Volume 2

Frederick Hampden Bacon - 1917 - 980 páginas
...premium. While the rule generally may be, as laid down by the Supreme Court of the United States,227 that "any agreement, declaration, or course of action on...part of an insurance company, which leads a party honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed...
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Digest of Decisions, Supreme Court, Tennessee: Vol. 101-135 [1898-1916] "Vol ...

Joseph Wheless - 1917 - 1112 páginas
...course of action, representation or dealings, the assured has been led to believe that by conformity thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, Life Ins. Co. v. Fellow, 110 Tenn. 720, 77 9. W. 937. The insurer is estopped to claim forfeiture of...
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