British Insurance v. Lambert
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. This is an action by the North British and Mercantile Insurance Company against respondents, its agents, to compel reimbursement by them of a loss which the company was compelled to pay under one of its policies, on the ground that the agents disobeyed instructions in writing that policy, and negligently failed to cancel it, when directed so to do by their principal. There was judgment for defendants, and plaintiff appeals.
1Opinion of the CourtJustice Wolverton
This is an action by a fire insurance company to recover against its agents for issuing its policy of insurance upon a certain vinegar factory, contrary to instructions, and for failure to cancel such policy when directed so to do, and is here upon the second appeal. One of the defenses pleaded is that defendants were the agents of the assured as well as the plaintiff, with full power and authority to accept and receive other insurance in lieu of the policy issued by plaintiff, and to assent for and in behalf of the assured to the substitution thereof for plaintiff’s said policy; that…
2Cases cited1 opinion
- British Insurance v. LambertOregon Supreme Court · 1894
3Cited by5 opinions
- Reed v. HollisterOregon Supreme Court · 1923
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
- O'Brien v. RoyceOregon Supreme Court · 1924
- Payne v. McDonaldOregon Supreme Court · 1974
- Johnson v. LaddOregon Supreme Court · 1933