Provisions in an insurance policy that any broker procuring it shall be deemed the agent of the insured and not of the insurers, and that the payment of a premium to any one except the insurers or their agent shall be at the risk of the insured, are not conclusive on the question of such agency. The insurers' waiver of a forfeiture of a policy for non-payment of a premium may be inferred from conduct inconsistent with a purpose to insist thereon, and from their practice of not insisting on such forfeitures of other policies.
CHASE, J.
The premiums were paid to Barker before the loss occurred, but not until after the expiration of thirty days from the date of the policies. Whether Barker was the defendants' "duly authorized agent" to receive them, and whether the defendants by their dealings with him in relation to these and other policies waived their right to avoid the policies for the nonpayment of premiums within the thirty-days limit, are questions of fact. There is evidence from which a jury can properly find in favor of the plaintiffs upon both questions. Gaysville Manufacturing Company v. Insurance Company, ante, p. 457.
Case discharged.
All concurred.