Johnson v. Maryland Casualty Co.
Supreme Court of New Hampshire
Assumpsit, upon a policy of insurance against bodily injury sustained by the insured. The court found a verdict for the defendants upon the agreed facts, and the plaintiff excepted.
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Assumpsit, upon a policy of insurance against bodily injury sustained by the insured. The court found a verdict for the defendants upon the agreed facts, and the plaintiff excepted. Transferred from the September term, 1904, of the supreme court by Pike, J. The plaintiff was injured July 18, 1908, and is entitled to recover unless defeated by failure to give notice in accordance with clause 8 of the policy, which is as follows: “ Immediate written notice must be given the company at Baltimore, or its duly authorized agent, of any accident and injury for which a claim is to be made, with full…
1Opinion of the CourtParsons, C. J.
The defendants do not contend that the plaintiff’s father, George L. Johnson, was not authorized as the plaintiff’s agent to negotiate the policy of insurance in suit and to complete the contract by acceptance of the policy upon its delivery to him. If he had not such authority, there was no contract between the parties to this suit. Busher v. Insurance Co., 72 N. H. 551; Perry v. Insurance Co., 67 N. H. 291; Tasker v. Insurance Co., 59 N. H. 438, 444. If George L. Johnson had authority as the plaintiff’s agent to complete the contract by accepting the policy, his acceptance was the…
2Cases cited6 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Swain v. Security Live Stock InsuranceMassachusetts Supreme Judicial Court · 1896
- Heywood v. Maine Mutual Accident Ass'nSupreme Judicial Court of Maine · 1893
- Whalen v. Equitable Accident Co.Supreme Judicial Court of Maine · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Trombly v. Blue Cross/Blue ShieldSupreme Court of New Hampshire · 1980
- Levan v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1927
- Navigazione Alta Italia v. Columbia Casualty CompanyCourt of Appeals for the Fifth Circuit · 1958
- Craig v. United States Health & Accident Ins.Supreme Court of South Carolina · 1908
- Spradlin v. Columbia Ins. Co. of New YorkCourt of Appeals of Tennessee · 1950
13 more not listed; retrieve them via the Exa API.