Kooistra v. Rockford Insurance
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by Almira C. Kooistra against the Rockford Insurance Company of Rockford, Illinois, upon a fire policy. From a judgment for plaintiff, defendant brings error. Plaintiff, the owner of a frame hotel in the village of Conklin, authorized her husband to procure, if possible, insurance upon it. He applied to one Lathrop, an insurance agent.
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Error to Kent; Adsit, J. Assumpsit by Almira C. Kooistra against the Rockford Insurance Company of Rockford, Illinois, upon a fire policy. From a judgment for plaintiff, defendant brings error. Plaintiff, the owner of a frame hotel in the village of Conklin, authorized her husband to procure, if possible, insurance upon it. He applied to one Lathrop, an insurance agent. Mr. Lathrop testified that he informed Mr. Kooistra that it was a hard risk; that he could not write it in the companies represented by him, but that he might be able to place it elsewhere. The negotiation was carried on…
1Opinion of the CourtGrant, J.
(after stating the facts). Was the policy legally canceled ? It is conceded that authority to procure insurance does not imply authority to consent to cancellation. This is well settled, and the citation of authorities is unnecessary. Lathrop was the agent of plaintiff. He was at no time and in no sense the agent of the defendant. She had no contract with Lathrop- for insurance in any particular company. The fact that Mr. Lathrop had delivered the policy to Mr. Kooistra, who had returned it, is of no consequence. The possession of the policy, under the circumstances, was sufficient to justify…
2Cited by6 opinions
- Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
- Tarleton v. De VeuveCourt of Appeals for the Ninth Circuit · 1940
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Michelson v. Franklin Fire Insurance Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1925
- Hooker v. American Indemnity Co.California Court of Appeal · 1936
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