Egan v. Westchester Insurance
Oregon Supreme Court
This is an action upon a fire insurance policy issued by the defendant on the seventeenth day of March, eighteen hundred and ninety-three, covering loss or damage by fire to the personal property therein described for the term of one year.
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This is an action upon a fire insurance policy issued by the defendant on the seventeenth day of March, eighteen hundred and ninety-three, covering loss or damage by fire to the personal property therein described for the term of one year. The contract of insurance was made and the policy issued by one Hart, general agent of the defendant, residing in Portland, who was empowered to make such contracts and issue policies furnished in blank by the company to be countersigned by him, to renew the same, and to assent to transfers and assignments thereof within the territory covered by his agency.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
There is a class of cases which holds that where a person is authorized by an insurance company to *292make a contract of insurance, he thereby becomes invested with authority to modify or waive the printed stipulations in the policy as to the condition of the property or other facts then existing. This doctrine proceeds on the theory that the contract or knowledge of the agent, within the scope of his real or apparent authority, is the contract or knowledge of his principal, and to that extent modifies or suspends the printed terms of the policy, which is…
2Cases cited14 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Roberts, Willis & Taylor Co. v. Sun Mutual InsuranceCourt of Appeals of Texas · 1896
- Morgan v. American Central InsuranceWest Virginia Supreme Court · 1917
- Des Moines Ins. Co. of Des Moines, Iowa v. MoonSupreme Court of Oklahoma · 1912
- Cohen v. Home InsuranceSuperior Court of Delaware · 1916
- Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
6 more not listed; retrieve them via the Exa API.