Insurance v. Williams
Ohio Supreme Court
Error to tlic District Court of Allen county. In December, 1876, at Allen county, Williams made application in writing to the Farmers’ Insurance Company (a stock company), for insurance upon his dwelling-house, household furniture and clothing therein, and received a policy of insurance thereon from the company. The application and policy constituted the contract.
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Error to tlic District Court of Allen county. In December, 1876, at Allen county, Williams made application in writing to the Farmers’ Insurance Company (a stock company), for insurance upon his dwelling-house, household furniture and clothing therein, and received a policy of insurance thereon from the company. The application and policy constituted the contract. The application was made upon the solicitation of, and written by, Kemer, the company’s agent, whose duties, powers and authority wore confined and restricted to soliciting risks for the company, receiving applications therefor, and…
1Opinion of the CourtFollett, J.
Did the district court commit error % This depends upon whether or not Kcmer, in writing the application, did it as agent of the insurance company, and if he did, was the insurance company responsible for the mistake ? For if these two questions are answered in the affirmative, it is not contended that there was error, and Williams would be entitled to the decree and judgment; and if either one is answered in the negative, there was error.
The agent had power to solicit risks for the company, receive applications therefor, and forward the same to the company. It is a general rule that when a…
2Cases cited8 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
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