Stehlick v. Milwaukee Mechanics' Insurance
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. Action to recover damages for breach of an alleged contract to insure plaintiff’s property.
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APPEAL from the Superior Court of Milwaukee County. Action to recover damages for breach of an alleged contract to insure plaintiff’s property. The plaintiff alleged, and offered evidence tending to show, that on’ or about August 22, 1892, she made a contract with one Kaplan, a solicitor of insurance for defendant, by which he agreed that defendant would insure her household goods against loss by fire, for the sum of $650, for the term of three years, at the rate of ninety cents per $100, which premium she agreed to pay on delivery of the policy; that thereafter she offered to pay the…
1Opinion of the CourtWinslow, J.
This action seems to have been fairly tried and submitted to the jury. There is no doubt but that a valid parol agreement to insure property may be made without delivery of the written policy, and without payment of the premium, providing the terms are definitely fixed. May, Ins. (3d ed.), §§ 22, 23, 43, 43a, 565. The plaintiff’s evidence in support of such an agreement was quite clear, and the jury found, under substantially proper instructions, that it was in fact made. It was admitted that Kaplan was a solicitor of insurance for the defendant. Being such, he must be held, under sec. 1977,…
2Cited by9 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Rainer v. SchulteWisconsin Supreme Court · 1907
- Ulledalen v. the United States Fire Ins. Co.North Dakota Supreme Court · 1946
- Kamikawa v. KeskinenWisconsin Supreme Court · 1969
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