Questão jurídica principal
Whether the insurer’s general agent could validly authorize early commencement of casco insurance as well as liability insurance.
Decisão extraída
Yes. Where the insurer authorized the agent to allow early commencement of liability insurance, good faith required that this authorization extend to a simultaneously concluded casco policy as well.
Fundamentação extraída
The cantonal court’s factual finding of tacit authority bound the Federal Tribunal absent a statutory exception. Even if an agent may not unilaterally alter general conditions, the insurer may authorize deviations favorable to the insured. Since insurers commonly allow early liability coverage before first-premium payment, and both policies were concluded together, it would contradict good faith to accept early commencement only for liability coverage and not for casco coverage.