1. Courts <@=»342 — Eecovery in action at law on oral assignment without REFORMATION OF POLICIES.

Granting recovery on fire policies on the theory that agreement between owner of equity of redemption and insurer’s agent that the policies should be assigned to the purchaser at sheriff’s sale then and there accomplished such assignment, and that a writing contemplated would have been only a record and evidence of such assignment does not involve a reformation of the policies, or the affording of equitable relief, without the power of a federal court in an action at law.

2. Appeal and error <@=»197(3) — Objection to variance not raised below.

Variance between complaint and proof, not brought to the attention of the trial court, is not available in the reviewing court.

^5»For other cases see same topic & KEY-NUMBER In all Key-Numbered Digests & Indezes

3. Insurance $=>393 — Estoi’pel to assert nonindorsement of change of Tin: LOSS PAYABLE CLAUSE OF POLICY.

Insurers are estopped to allege 1liat modification of terms as to whom loss was payable was not indorsed on the policies; their agent having had authority and been directed by them to make the indorsement, and ho retaining the policies till after the fire, having given those interested to understand that this had been done.

4. Insurance $=>(565(8) — Evidence showing waiver of notice and proof of LOSS.

Evidence as to statement and conduct by insurers’ local agent and adjuster held to sufficiently show waiver of notice and proofs of loss.

5. Insurance <55=370(2) — Scope of provision for indorsement on policy of waiver.

Clauses in policies, prohibiting waiver unless Indorsed thereon, refer only to provisions which enter into the contract of insurance, and do not affect conditions which are to be performed after loss, as furnishing, proofs of loss and giving notice.

6. Insurance $=>5;>5 — Manner of waiving proofs of loss.

Notice and proofs of loss may be waived by express words, or by conduct inconsistent with intention to enforce strict compliance with the conditions therefor, and calculated to lead insured to believe insurer does not intend to require such compliance.

f. Insurance $=>556(2) — Authority of adjuster to waive proofs of loss.

An adjuster, sent to adjust a loss, presumably has authority to waive proofs of loss.

8. Insurance $=>629(2)--Pleading issuance of policy not pleading delivery.

Allegation of complaint that the fire policies wore Issued does not embrace one that they were delivered, and so (loos not estop plaintiff to show there was no delivery.

9. Insurance $=>388(3) — Effect oe sheriff’s sale on policy waived.

Eire policies are not rendered null by sheriff’s sale of the insured property; the insurers knowing of the proceedings and waiving all objections thereto by instructions to their agent to attach new loss payable clauses, making loss payable to purchaser.

10. Insurance $=>81 — Policies not voided by agent’s interest.

Contingent interest of insurer’s agent in the insured property does not, render the policy written by him thereon nuli and void, but at most voidable.

11. Insurance $=>115(5) — Bight to redeem an insurable interest.

The right to redeem is an insurable interest, especially where by understanding of all partiere! the debt of the mortgagor continued to exist, and the holder of the sale certificate held it as security, and this, though mortgagor’s right of redemption be not subject 1o execution.

other cases see same topic & KEY-NUMBEIt in ail Key-Numbered Digests & Indexes