Gosch v. State Mutual Fire Insurance
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Samuel P, McConnell, Judge, presiding. John Gosch, appellant, on the 6th day of June, 1891, received at Crown Point, Indiana, from one Anton Sourman, an insurance agent, a policy of insurance made by appellee, the State Mutual Fire Insurance Association.
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Appeal from the Circuit Court of Cook County; the Hon. Samuel P, McConnell, Judge, presiding. John Gosch, appellant, on the 6th day of June, 1891, received at Crown Point, Indiana, from one Anton Sourman, an insurance agent, a policy of insurance made by appellee, the State Mutual Fire Insurance Association. The policy was signed by the president and secretary of the association, dated as made at Chicago, Illinois, on the 2d day of June, 1891, and purported to insure John Gosch to the amount of $1,000 against loss or damage by fire on certain property at Crown Point, Indiana, for the space of…
1Opinion of the CourtWaterman, P. J.
The action of the court below appears to have been based upon the opinion that no liability had been incurred because the premium had not been received by the association, Gay, in the view taken by the court, not being for any purpose an agent of the company.
The policy contains the following among other conditions :
“ It is part of this contract that any person other than the assured, who may have procured this insurance to be taken by this association, shall be deemed to be the agent of the assured named in this policy, and not of this association under any circumstances whatever, or in any…
2Cases cited5 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Eclectic Life Insurance v. FahrenkrugIllinois Supreme Court · 1873
- Train v. . Holland Purchase Ins. Co.New York Court of Appeals · 1875
- Young & Co. v. Hartford Fire Ins.Supreme Court of Iowa · 1877
3Cited by9 opinions
- Gosch v. Firemen's InsuranceSuperior Court of Pennsylvania · 1907
- Whitney v. National Masonic Accident Ass'nSupreme Court of Minnesota · 1894
- Crawford v. Abraham Lincoln Life InsuranceAppellate Court of Illinois · 1934
- National Hotel Co. v. Merchants' Fire Assurance Corp. of New YorkAppellate Court of Illinois · 1913
- Briggs v. Bankers Accident InsuranceAppellate Court of Illinois · 1919
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