Fidelity & Casualty Co. v. Palmer
Supreme Court of Connecticut
Action to recover an excess premium alleged to be due on a policy of insurance, brought to the Superior Court in Fairfield County where the policy sued upon was reformed pursuant to a prayer for such relief in the defendant’s cross-complaint, and judgment rendered (Webb, J.) in favor of the defendant, from which the plaintiff appealed. The plaintiff, on April 1st, 1911, was a corporation duly organized under the laws of New York.
Read the full summary
Action to recover an excess premium alleged to be due on a policy of insurance, brought to the Superior Court in Fairfield County where the policy sued upon was reformed pursuant to a prayer for such relief in the defendant’s cross-complaint, and judgment rendered (Webb, J.) in favor of the defendant, from which the plaintiff appealed. The plaintiff, on April 1st, 1911, was a corporation duly organized under the laws of New York. At this time one Herbert S. Miller of Stamford was conducting an insurance agency and was the agent of the plaintiff in Stamford. The defendant was then carrying on…
1Opinion of the CourtRoraback, J.
The plaintiff contends that the trial court erred in overruling its claim that “it is the duty of one receiving a policy of insurance pursuant to an application, to examine it for the purpose of determining whether or not he is receiving what he applied for; that it is his duty to return it to the insurer within a reasonable time if not satisfactory, and that if he retains possession of the policy during the term for which it is issued, without making objection to its terms and conditions he becomes bound by such terms and conditions.”
To sustain this contention the plaintiff cites Palmer v.…
2Cases cited4 opinions
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- West v. SudaSupreme Court of Connecticut · 1897
- McCusker v. SpierSupreme Court of Connecticut · 1900
- Plympton v. DunnMassachusetts Supreme Judicial Court · 1889
3Cited by17 opinions
- Ursini v. GoldmanSupreme Court of Connecticut · 1934
- Petterson v. WeinstockSupreme Court of Connecticut · 1927
- Draus v. International Silver Co.Supreme Court of Connecticut · 1926
- Mishiloff v. American Central InsuranceSupreme Court of Connecticut · 1925
- Berry v. Continental Life InsuranceMissouri Court of Appeals · 1931
12 more not listed; retrieve them via the Exa API.