Kehler v. New Orleans Ins.
U.S. Circuit Court for the District of Eastern Missouri
Motion to Set Aside the Yerdict and Judgment. Suit upon a fire insurance policy taken out by the assured through a broker. The policy contained among its conditions the following: “If any broker or other person than the assured have procured this policy, or any renewal thereof, or any indorsement thereon, he shall be deemed to be the agent of the assured, and not of this company, in any transaction relating to the insurance.
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Motion to Set Aside the Yerdict and Judgment. Suit upon a fire insurance policy taken out by the assured through a broker. The policy contained among its conditions the following: “If any broker or other person than the assured have procured this policy, or any renewal thereof, or any indorsement thereon, he shall be deemed to be the agent of the assured, and not of this company, in any transaction relating to the insurance. This insurance may be terminated at any time by request of the assured, or by the company, on giving notice to that effect.” The answer contains a general denial, and…
1Opinion of the Court
Treat, J., (orally.)
In the case of Kehler v. New Orleans Ins. Co. there is a motion to set aside verdict and judgment. The original defense to the case was that, under the terms of the policy, it could be canceled on notice given, and that said notice was given before the loss. On the testimony submitted, it appeared the notice was not given. I supposed the contention would be that the broker who negotiated the insurance must be treated as if he were the plaintiff *710himself, or his agent for receiving notice. He is not so. That question was before the supreme court and decided in the case of…
2Cases cited1 opinion
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
3Cited by6 opinions
- Farrar v. MayabbMissouri Court of Appeals · 1959
- American Steam Laundry Co. v. Hamburg Bremen Fire InsuranceTennessee Supreme Court · 1908
- Martin v. Insurance Co.Tennessee Supreme Court · 1901
- Dixie Fire Insurance v. A. Layne & BrotherCourt of Appeals of Kentucky · 1913
- Kollenborn v. MurphyDistrict Court, N.D. Texas · 1954
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