What constitutes a waiver of a policy provision by an insurer?
California, United States of America
The following excerpt is from Elfstrom v. New York Life Ins. Co., 56 Cal.Rptr. 601 (Cal. App. 1967):
To constitute a waiver of a policy provision by the insurer, there must have been a intentional relinquishment of a known right or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that the right has been relinquished. (Record v. Indemnity Ins. Co., 103 Cal.App.2d 434, 229 P.2d 851; See Scott v. Federal Life Ins. Co., supra, 200 Cal.App.2d 384, 391, 19 Cal.Rptr. 258.)
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