Phoenix Insurance v. Thomas

Hatcher, President:

This action was brought to recover $4250.00 paid by plaintiff on a fire insurance policy which it had instructed defendants, its local agents, to cancel, but which they had failed to do.

On Oct. 13, 1924, the defendants executed policy No. 2762, in the amount of $5000.00, on the property of Samuel Kamins. Notice of the issuance of this policy was received by the plaintiff on Oct. 16, and on Oct. 17, it wired the defendants: “Please cancel Kamins policy two seven six two.” P. C. Gustetter, secretary of the plaintiff testified that he mailed a letter on Oct. 17 to the…