Allen v. Phoenix Assurance Co.
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action on a fire insurance policy. Judgment for plaintiffs. Notice to a mere soliciting agent without authority to sign and deliver the contract is not notice to the company, especially where not communicated, and such an agent cannot bind the company contrary to express provisions in the policy. (Wilson v. Conway F. Ins. Co., 4 R. 1.141; Tebbetts v. Hamilton Milt.
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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action on a fire insurance policy. Judgment for plaintiffs. Notice to a mere soliciting agent without authority to sign and deliver the contract is not notice to the company, especially where not communicated, and such an agent cannot bind the company contrary to express provisions in the policy. (Wilson v. Conway F. Ins. Co., 4 R. 1.141; Tebbetts v. Hamilton Milt. Ins. Co., 3 Allen, 569; Knudson v. Grand Council of New Legion of Honor, 7 S. D. 214, 63 N. W. 911; Home Friendly Society…
1Opinion of the CourtStewabt, J.
This case was before this court, upon appeal from an order sustaining a nonsuit, and is reported in 12 Ida. 653, 88 Pac. 245, 8 L. R. A., N. S., 903. Upon reversal, the cause was tried to a jury and a verdict returned for the *734plaintiffs. The defendant moved for a new trial, which- was denied, and this appeal is from the order denying the new trial, and from the judgment. Many of the questions presented by the record were fully discussed and decided in the former opinion, which is the law of this case, and it can serve no purpose to discuss such questions again.
The record shows that the…
2Cases cited50 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
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3Cited by10 opinions
- Lewis v. Continental Life and Accident Co.Idaho Supreme Court · 1969
- Robert Humphries v. Eileen BeckerIdaho Supreme Court · 2016
- Hanover Fire Ins. v. DallavoCourt of Appeals for the Sixth Circuit · 1921
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Charlton v. WakimotoIdaho Supreme Court · 1950
5 more not listed; retrieve them via the Exa API.