Spalding v. New Hampshire Fire Insurance
Supreme Court of New Hampshire
Assumpsit, upon a fire insurance policy. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1901, of the superior court by Peaslee, J. The plaintiff’s evidence tended to prove the following facts: While his buildings were insured in another company for $900 and his household furniture for $100, he applied to Keyes,— the defendants’ agent to solicit insurance, write policies, and collect premiums,— for $1,500 additional insurance on the…
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Assumpsit, upon a fire insurance policy. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1901, of the superior court by Peaslee, J. The plaintiff’s evidence tended to prove the following facts: While his buildings were insured in another company for $900 and his household furniture for $100, he applied to Keyes,— the defendants’ agent to solicit insurance, write policies, and collect premiums,— for $1,500 additional insurance on the buildings and $500 on furniture, etc., informing Keyes of the existing insurance. Keyes promised to write the additional…
1Opinion of the CourtChase, J.
The defendants are chargeable with the knowledge of the prior insurance communicated to their agent by the plaintiff. P. S., a. 170, s. 3; Perry v. Insurance Co., 67 N. H. 291, 295, 296, and authorities cited. It must be presumed that when the plaintiff paid the premium he relied upon the policy as a valid contract, such as he had bargained for. The defendants must have so understood when they accepted the plaintiff’s money; they also knew that they gave him nothing in return for the money, in case the prior policy continued in force until a loss occurred and they should insist upon the…
2Cases cited21 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.