Surplus Underwriters, Inc. v. Simmons

SWIFT, Judge.

The plaintiff, Surplus Underwriters, Inc., a surplus line insurance brokerage firm, obtained policies of workmen’s compensation and liability insurance for defendant, Lively’s Welding & Equipment Company, Inc., for the period from October 5, 1966 to October 5, 1967, at the request of the defendant insurance agency, Simmons & Associates. The insurance was solicited by the latter’s representative, Paul W. Davidson, who was also employed by Lively.

Lively failed to pay the premiums timely, and in March, 1967, plaintiff threatened to cancel the policies unless Simmons & Associates…