Ames v. Auto Owners Insurance Co.
Michigan Supreme Court
Error to Menominee; Flannigan (Richard. C.), J. Assumpsit by Louis C. Ames against the Auto. Owners Insurance Company on a policy of insurance-judgment for plaintiff on a directed verdict. Defendant brings error. Dr. A. Sanders was the agent of defendant at Stephenson.
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Error to Menominee; Flannigan (Richard. C.), J. Assumpsit by Louis C. Ames against the Auto. Owners Insurance Company on a policy of insurance-judgment for plaintiff on a directed verdict. Defendant brings error. Dr. A. Sanders was the agent of defendant at Stephenson. He was not authorized by the company to issue policies of insurance, but was furnished with a blank form of policy and blank applications to which were attached receipts in form presently detailed, with a perforation making them detachable. Shortly before June 16, 1920, Dr. Sanders approached plaintiff on the subject of…
1Opinion of the CourtFellows, J.
(after stating the facts). We are unable to follow the trial judge in his reason for directing a verdict. This court has frequently held that insurance companies are estopped by their conduct under certain circumstances from claiming the benefit of forfeitures and breaches of condition when they do not put their refusal to pay on such grounds, but this court has not gone so far as to bring into being a contract of insurance by estoppel alone. In the recent case of Ruddock v. Insurance Co., 209 Mich. 638, this court had this question before it and it was there held (we quote from the syllabus):
2Cases cited8 opinions
- Ruddock v. Detroit Life InsuranceMichigan Supreme Court · 1920
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
- Walsh v. Ætna Life InsuranceSupreme Court of Iowa · 1870
- Blake v. Farmers' Mutual Lightning Protected Fire InsuranceMichigan Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pastucha v. RothMichigan Supreme Court · 1939
- State Automobile Mutual Insurance v. BabcockMichigan Court of Appeals · 1974
- Grossman v. LangerMichigan Supreme Court · 1934
- Serbinoff v. Wolverine Mutual Motor InsuranceMichigan Supreme Court · 1928
- Turner v. Mutual Benefit Health & Accident Ass'nMichigan Supreme Court · 1946
13 more not listed; retrieve them via the Exa API.