National Union Fire Insurance v. Dickinson
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Mackintosh, J., entered April 28,1915, upon findings in favor of the plaintiff, in an action in tort, tried to the court.
1Opinion of the CourtBausman, J.
Defendants are insurance agents who, having themselves issued policies, were instructed by the company to cancel them. Acknowledging this order, they said they would do so. Within two weeks the property was destroyed by fire and the company has been held liable by a jury after an unsuccessful defense that the policies had been canceled. Having paid the judgment, it now sues the agents for neglect to cancel.
That it was the duty of these agents to issue cancellations is abundantly established if proof of custom be proper, but this need not be discussed for they did undertake a duty which, had…
2Cases cited4 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Teater v. KingWashington Supreme Court · 1904
- Bain v. ThomsWashington Supreme Court · 1906
- Bellingham v. LinckWashington Supreme Court · 1909
3Cited by5 opinions
- Phoenix Ins. Co. v. HeathUtah Supreme Court · 1936
- Davis Wright & Jones v. National Union Fire InsuranceDistrict Court, W.D. Washington · 1989
- United States Casualty Co. v. HiersSupreme Court of South Carolina · 1958
- United Pacific Insurance v. PriceCourt of Appeals of Oregon · 1979
- Michigan Fire & Marine Insurance v. RoseSupreme Court of Arkansas · 1938