Home Insurance v. Fidelity-Phenix Fire Insurance

— All the evidence in this case is found in an agreed statement of facts, and the facts material for our consideration on this appeal are substantially as follows:

Both the plaintiff and the defendant are New York corporations and wrote fire insurance in the state -of Iowa. W. B. Whiting conducted an insurance agency at Whiting in Monona county, Iowa, known as the Whiting Agency, which acted as a soliciting agent for both plaintiff and defendant. The insurance business of this agency was in charge of one E. C. Croker. In January 1933, through the Whiting Agency, the plaintiff and the defendant…