Fidelity & Casualty Co., of New York v. Arcadia Valley Realty & Insurance Agency, Inc.

SMITH, Presiding Judge.

Defendant appeals from a judgment against it for $16,705 in a court tried case arising from its failure to issue a renewal policy for property on which a loss was sustained. Defendant was a general agent for plaintiff insurance company with authority “to receive and accept proposals for insurance .. . . ” It was also a general agent for other insurance companies. We reverse.

Defendant presented no evidence. The facts are therefore those developed by the plaintiff. Acting through an employee, and in accordance with its agency contract, defendant issued a homeowners…