Lamb v. Mechanics Insurance

The opinion of the court was delivered by

Burch, J.:

The action was one by an applicant for insurance to recover the loss sustained on account of destruction of property by fire. No policy w'as issued, and in its original form the petition predicated recovery on an oral statement of the soliciting agent that plaintiff was insured from the time the application was signed. The petition was amended to state a cause of action based on negligence of the company. The negligence charged was that the agent did not notify plaintiff that he had no communication from the com*353pany respecting the…