Page:Federal Reporter, 1st Series, Volume 2.djvu/439

 432 FEDERAL REPORTER. �within the condition that avoida the policy "if any change take place in title or possession." The change of possession contemplated is something more than a change of occupation. It is a change effected "by legal proceas, judicial decree, vol- untary transfer, or conveyance ; " one which refers to his pos- sessory right, and not to the occupanc-j of the insured. The possession of Zimmer's tenants was his possession, within the meaning of the policy. �Finally, it is insisted for defendant that plaintiff should be defeated because the proofs of loss weremade and verifled by him and not by Zimmer ; and, inasmuch as the policy requires the proofs to be made by the insured, a condition precedent to a cause of action on the policy has not been complied with. It is a aufficient answer to this position that the defendant received and retained the proofs of loss served by the plaintiff, at the same time repudiating ail liability upon the policy, upon the ground that Zimmer had no interest in the premises at the time of the fire. The plaintiff was the person to whom the whole loss was payable by the terms of the poHey, and the proper party to bring an action to recover it. By repudi- ating any liability under the policy to the person entitled to demand payment, the defendant waived any imperfections in the preliminary proofs. Angell on Insurance, § 244, ���POOB V. HUDSON iNSUEANCn CoiIPAKT. {Circuit Court, D. New Hampshire. May 1880.) �Insitrance— Proposition por Cancellation of Risk— Conditiowai. AocEPTANCB. — An insurance agent proposed as to a certain risk to cancel the policy in whole or in part, place the risk in another company named, or return the premium. The agent of the insured returned the policy to him, directing that the risk be placed in the company named. The insurance agent wrote " caacelled" upon the policy, but before reinsuring, the building was destroyed. HM, that as thecondition upon which the cancellation was authorized had not been complied with, tho insurance company could not insist upon the attempted cancellation as, reli-eving.it frorn liability. ����