Easley v. New Zealand Insurance
Idaho Supreme Court
APPEAL from District Court, Ada County. The evidence was insufficient to justify the verdict. There is no evidence that respondent’s application for insurance was ever accepted by appellant. On the contrary, the evidence shows that the application was rejected the day it was received.
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APPEAL from District Court, Ada County. The evidence was insufficient to justify the verdict. There is no evidence that respondent’s application for insurance was ever accepted by appellant. On the contrary, the evidence shows that the application was rejected the day it was received. At the time respondent made application for insurance he took and accepted from the soliciting agent a receipt stating that said “application for insurance” was to be “subject to approval by C. H. Colby, manager,” and that the money and premium note were “all to be returned if policy is not issued.” C. H. Colby,…
1Opinion of the CourtHuston, J.
On the twenty-second day of June, 1893, one J. A. Hays, representing the defendant company, received from the plaintiff an application for insurance on certain property situate in the town of Glenn’s Ferry, Elmore county, Idaho. No policy of insurance was at the time issued, but the agent gave to the plaintiff a receipt in the following words:
“Received of R. A. Easley an application for insurance by the New Zealand Insurance Company, of Auckland, New Zealand, subject to approval by C. H. Colby, manager, against fire and lightning on property to the amount of $500, all for the term of one…
2Cases cited9 opinions
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- Insurance Company v. McCainSupreme Court of the United States · 1878
- Alabama Gold Life Insurance v. MayesSupreme Court of Alabama · 1878
- Gray v. National Benefit Ass'nIndiana Supreme Court · 1887
- Haden v. Farmers & Mechanics Fire Ass'nSupreme Court of Virginia · 1885
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