Brumbaugh v. Travelers Indemnity Co.

CLEMENS, Commissioner.

The plaintiff-insured had judgment below on her claim for the $1,000 insured value of a diamond ring stolen in a robbery. The defendant-insurer appeals. The issues here are these: Where an insurance agent extends credit for a premium, and pays the premium himself, may the insurer avoid liability because the insured fails to pay the premium to the agent? And, did the defendant give due notice of cancellation to the plaintiff at her “last known address” ?

The case was tried without a jury and the following facts were conceded. While living in Los Angeles County, California,…