PRINCIPAL AND AGENT-RIGHT OF AGENT TO WAIVE STATUTE OF LIMITATIONS-ESTOPPEL

Plaintiff was injured in an automobile accident. Defendant's insurance adjuster informed the father of the plaintiff that no settlement could be made of her claim for personal injuries until she had fully recovered, and represented to him that defendant company would pay all her damages if the plaintiff did not consult an attorney. Held, where adjuster, having apparent authority to promise a settlement, lulled plaintiff into a false sense of security and caused her to permit Massachusetts one year statute of limitations to run, defendant was estopped by the conduct of the adjuster from pleading the statute as a defense to plaintiff's action for personal injuries. Bergeron v. Mansour, (C.C.A. 1st, 1945) 152 F. (2d) 27.