Insurance waiver requires clear intent; appointing a surveyor after delayed notice does not by itself forfeit the prompt intimation defence.

Waiver of a prompt intimation condition in an insurance policy requires proof of a conscious and intentional relinquishment of the insurer's right, with full knowledge of that right. Appointment of a surveyor after delayed notice does not by itself establish waiver, particularly where the insurer later repudiates the claim by expressly relying on breach of the notice condition. The earlier authority cited by the insured was distinguished on its facts because it involved a different clause and factual setting. On the material considered, the insurer did not waive the delay condition, and rejection of the claim for breach of prompt intimation was sustained.

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Issues: Whether the insurer waived the policy condition requiring prompt intimation of loss by appointing a surveyor after delayed notice of the claim.

Analysis: Waiver requires a conscious and intentional abandonment of an existing legal right with full knowledge of that right. The delayed intimation was given after a substantial gap, and the insurer's appointment of a surveyor, followed by repudiation expressly referring to breach of the policy condition, did not by itself establish waiver. The earlier decision relied on by the appellant was distinguished on facts, as it concerned a different insurance clause and a different factual setting. On the material on record, there was no clear indication that the insurer intended to forgo its right to rely on the delayed notice condition.

Conclusion: The insurer did not waive the condition relating to delay in intimation by appointing a surveyor.

Final Conclusion: The appeals failed and the rejection of the insurance claim on the ground of breach of the prompt intimation condition was sustained.

Ratio Decidendi: Waiver of an insurance condition cannot be inferred from appointment of a surveyor alone; it must be proved from the totality of circumstances showing a conscious and intentional relinquishment of the right to rely on the policy breach.

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