California, United States of America
The following excerpt is from Callison v. Continental Cas. Co., 221 Cal.App.2d 363, 34 Cal.Rptr. 444 (Cal. App. 1963):
The policy expressly provides as follows: 'No agent has authority to change this policy or to waive any of its provisions.' Appellants' offer of proof makes no reference to any authority, either actual or ostentible, of the selling agent. As stated in Sharman v. Continental Ins. Co., 167 Cal. 117, 125, 138 P. 708, 52 L.R.A.,N.S., 670: 'But Wade was merely a soliciting agent of the defendant. He had no authority, actual or ostensible, to waive conditions in the policy. This was not within the scope of any apparent authority he possessed, * * *.'
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