St. Paul Fire & Marine Insurance v. Bigger

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover damages for the failure of its agent to cancel an insurance policy as directed. The facts are stated in Insurance Co. v. Bigger, 102 Kan. 53, 169 Pac. 213.

After the former decision, the answer was amended, setting up contributory negligence and assumption of risk. The plaintiff requested an instruction directing a verdict in its favor, which was refused, and the jury were charged that if they found from the evidence that the defendant did not exercise reasonable care and diligence to cancel the policy after the…