Bailey v. American Marine & General Insurance

I must dissent from the majority opinion and decree confirming the judgment of the district court, being convinced it should be reversed and rendered in favor of Plaintiff, subject to credit as explained below.

It is true the policy issued by Defendant did not fully describe the premises insured. However, there can be no doubt that the Montaldo Insurance Agency, which accepted and prepared the policy for Defendant insurer, as its general agent, had both 'actual and constructive knowledge of the true character and use of the premises, 2419 Philip Street, as a restaurant, saloon, and rooming…