Heath v. Springfield Fire Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. The policy contained a condition, that if the assured should make any other insurance on the property without the written consent of the company upon the policy, it should be void. The insurance was obtained by Neal, who, without the defendants’ knowledge or authority, was employed by O. & G-. L., the defendants’ agents at Laconia, to solicit applications for insurance, receive premiums for them, and deliver policies.
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Assumpsit, on a policy of insurance. The policy contained a condition, that if the assured should make any other insurance on the property without the written consent of the company upon the policy, it should be void. The insurance was obtained by Neal, who, without the defendants’ knowledge or authority, was employed by O. & G-. L., the defendants’ agents at Laconia, to solicit applications for insurance, receive premiums for them, and deliver policies. Their agency terminated August 25, 1872, and from that time to January 2, 1875, the defendants had no agent at Laconia. February 3, 1874,…
1Opinion of the CourtAllen, J.
The condition in the policy requiring the written consent of the company to additional insurance was never complied with. It was not waived, for the company had no notice of the additional insurance until after the fire. Neal was not the agent of the company beyond the special acts performed by him under the supervision and recognition of the agents who employed him. Bodine v. Exchange Ins. Co., 51 N. Y. 117. Whatever authority he may have had from his employment ceased on the termination of the agency of his employers. The fact that the termination of the defendants’ agency at Laconia was…
2Cases cited1 opinion
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
3Cited by2 opinions
- Shurtleff v. Fidelity & Casualty Co.Supreme Court of New Hampshire · 1973
- Tabor v. Rockingham Farmers' Mutual Fire InsuranceSupreme Court of New Hampshire · 1897