In Federal Ins. Co. v. Forristall, 401 S.W.2d 285 (Tex. Civ. App.--Beaumont 1966, writ ref'd n.r.e.), the insured argued the insurer waived the right to assert the policy exclusions as defenses because the adjuster conducted an investigation without taking a non-waiver agreement. Id. at 290. The Court held the investigation was not sufficient to constitute a waiver because the adjuster did not assure the insured that there was coverage. Id. at 291. The conduct and declarations of an adjuster must be inconsistent with the denial of the validity of the policy. Id.