An insurer may waive the insured’s forfeiture of the policy through non-payment of the premium even though a loss has occurred during the period between lapse of the policy due to non-payment and reinstatement upon late payment of the premium. The loss-in-progress rule (Ins. Code 22, 250) does not prevent the insurer from waiving the forfeiture in this situation because the policy incepted long before the loss, and was merely reinstated afterwards. However, in this case the evidence raised a question of fact that could not be resolved on summary judgment as to whether the insurer intended (and so notified the insured) that the policy would be reinstated and effective only after the premium was paid late and not retroactively to cover the loss which occurred between cancellation and reinstatement.