Bankers Fire & Marine Insurance v. Dungan

The questions in this case are whether an insurance agent, who is unable to write a particular fire policy-in his own company, and who procures one in another company through its agent, under a course of dealings between them, acts as the agent of the insurer and not of the insured; and if so, whether the first agent’s knowledge of prior insurance on the property waives the ‘£ other insurance” clause of the new policy. We hold that both of these questions must be answered in the affirmative, and therefore affirm the judgment of the Circuit Court of Tallahatchie County.

The facts are summarized…