Rhodes v. Railway Passenger Insurance Co. of Hartford Connecticut
New York Supreme Court
This was an action brought to recover, for loss of labor, by reason of injuries arising from an accident. The defendant, on the 2d September, 1869, was a duly incorporated insurance company, by and under the laws of the State of Connecticut. William D. French was its duly authorized agent at Auburn, in this State.
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This was an action brought to recover, for loss of labor, by reason of injuries arising from an accident. The defendant, on the 2d September, 1869, was a duly incorporated insurance company, by and under the laws of the State of Connecticut. William D. French was its duly authorized agent at Auburn, in this State. On the day mentioned the plaintiff resided in the said city of Auburn, and on his way to take the cars, in company with his wife, met French and handed him fifty cents, as the premium for insuring himself and wife in the defendant’s company against accidents for the term of one day,…
1Opinion of the CourtMullin, P. J.
To have made the insurance of any value to the plaintiff, it must have taken effect on the 2d September, the day the application was made and the money paid. The agent received the money, and promised to make out a policy immediately. This arrangement the agent had power to make. Failing to make out and deliver the policy, the defendant must be liable either on the agent’s agreement to insure, or upon his agreement to issue a policy. The measure of damages would be the same in both forms of action. (Lightbody v. North Am. Ins. Co., 23 Wend., 18-25.)
In the absence of any statutory provision…
2Cases cited2 opinions
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Kelly v. Commonwealth Insurance of PennsylvaniaThe Superior Court of New York City · 1862
3Cited by5 opinions
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
- Saveland v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1886
- Hicks v. British America Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Hotchkiss v. Germania Fire InsuranceNew York Supreme Court · 1875
- McCutchen v. Pacific Mut. Life Ins.Supreme Court of South Carolina · 1929