Allemania Fire Insurance v. Zweng
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. A verdict should have been instructed for the defendant, because prior to the fire there was no contract of insurance with the assured.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. A verdict should have been instructed for the defendant, because prior to the fire there was no contract of insurance with the assured. An insurance agent representing several insurance companies cannot without the knowledge, consent and approval of the assured had and obtained before notice of loss, cancel a policy in one of his companies and substitute for it another and thereby create contractual relations between the assured and the substitute company. 156 S. W. 445. 2. The agreement to keep insured did not constitute the…
1Opinion of the CourtHakt, J.
Horace E. Chambers brought suit in the circuit court against the Allemania Fire Insurance Company upon a fire insurance policy. Chas. A. Zweng, trustee in bankruptcy for the estate of Horace E. Chambers, upon motion, was substituted as plaintiff in the case. The material facts are as follows:
J. S. Kelly was a member of a firm of general insurance agents located at Mena in Polk county, Arkansas. The agents represented some twenty-five insurance companies, among them the defendant company, and had the authority to issue and deliver policies. H. E. Chambers carried on a general mercantile…
2Cases cited4 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Commercial Union Fire Insurance v. KingSupreme Court of Arkansas · 1913
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Hamm Realty Co. v. New Hampshire Fire InsuranceSupreme Court of Minnesota · 1900
3Cited by19 opinions
- Sterling Fire Insurance v. Comision Reguladora Del Mercado De HenequenIndiana Supreme Court · 1924
- Lumbermen's Mut. Ins. v. Slide Rule & Scale Engineering Co.Court of Appeals for the Seventh Circuit · 1949
- Insurance Underwriters' Agency of the Insurance Co. of Pennsylvania v. PrideSupreme Court of Arkansas · 1927
- Millers Mutual Fire Insurance Co. of Tex. v. RussellSupreme Court of Arkansas · 1969
- Federal Insurance Co. v. SydemanSupreme Court of New Hampshire · 1927
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