British Insurance v. Lambert
Oregon Supreme Court
Appear from Multnomah: E. D. Shattuck, Judge. This is an action brought by the North British and Mercantile Fire Insurance Company against its agents, Lambert and Sargent, to recover a sum of money which it is alleged it was compelled to pay in consequence of a loss under a policy written by them contrary to instructions, and which they neglected to cancel when directed so to do.
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Appear from Multnomah: E. D. Shattuck, Judge. This is an action brought by the North British and Mercantile Fire Insurance Company against its agents, Lambert and Sargent, to recover a sum of money which it is alleged it was compelled to pay in consequence of a loss under a policy written by them contrary to instructions, and which they neglected to cancel when directed so to do. The facts are that the defendants, having been appointed local agents to solicit business for plaintiff in Portland, Oregon, and write fire insurance policies in plaintiff’s name, were furnished a list of prohibited…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. Numerous assignments of error are made in the notice of appeal, but we shall only consider those which relate to the pleadings. The defendants, after denying the material allegations of the complaint, in substance alleged that upon receipt of plaintiff’s notice to cancel said policy they fully set forth all the facts concerning the risk to another insurance company, which by its officers directed and authorized the defendants, who were also agents of said company, to write a policy upon said vinegar factory for the sum of one thousand dollars, in lieu of…
2Cases cited6 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Hardwick v. State InsuranceOregon Supreme Court · 1891
- Utica Insurance v. Toledo InsuranceNew York Supreme Court · 1853
- Mercantile Mutual Insurance v. Hope InsuranceMissouri Court of Appeals · 1880
- Greenwood v. SpringNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Williams v. International Harvester Co.Oregon Supreme Court · 1943
- Cerino v. Oregon Physicians' ServiceOregon Supreme Court · 1954
- British Insurance v. LambertOregon Supreme Court · 1898
- Girard Fire & Marine Insurance v. Anglo-American Mill Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Johnson v. North British & Mercantile InsuranceOhio Supreme Court · 1902