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Page:Harvard Law Review Volume 1.djvu/406

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performance of which render the policy voidable by the insurers. As they are conditions, their performance may be waived; and, consequently, though in case of the assignment of a policy of insurance without the consent of the insurers or alienation of the property insured, the policy may be avoided, yet, if the insurer consents to the assignment, he waives the condition against assignment or alienation, and the alienee’s rights under the policy are secure.[1]

Chauncey G. Parker.

Harvard Law School.

  1. Oakes v. M’f’rs. Ins. Co., 135 Mass. 248.