Waiver of Suit Limitation
Neither the local agent nor claims adjuster for an insurance company has the power to waive a policy provision that suit must be brought within 12 months from the date of loss without the express authority from the insurance company. Unless the agent perpetrates
some fraud that induces the insured to delay bringing the lawsuit until after the time for bringing suit has expired, the insured cannot rely on the agent’s conduct as an excuse for the failure to sue. Once the time for bringing an action lapses, the forfeiture has taken place, the contract becomes a “dead letter,” and an agent cannot revive it by an acknowledgment or new promise.
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