Insurance Company v. Webster
Supreme Court of the United States
Error to the Circuit Court of the United States for tho Eastern District of Michigan; the ease having been thus: One Webber, on the 25th of September, 1860, was, and for a long time bad been, the agent of the .¿Etna Insurance Company, at East Saginaw, in Michigan, and was duly authorized to make insurances, by policies of the company countersigned by himself, against loss by the perils of inland navigation.
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Error to the Circuit Court of the United States for tho Eastern District of Michigan; the ease having been thus: One Webber, on the 25th of September, 1860, was, and for a long time bad been, the agent of the .¿Etna Insurance Company, at East Saginaw, in Michigan, and was duly authorized to make insurances, by policies of the company countersigned by himself, against loss by the perils of inland navigation. To facilitate the making of such insurances with promptitude, the agent was furnished with blank policies duly signed by the president and secretary of the company, and requiring nothing…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We are of opinion upon the case presented, that the liability of the insurance company attached, subject to revocation, on the making and delivery of the policy of insurance, and the receipt of the premium by its agent.
The facts in the case are much stronger against the company than in that of Perkins v. The Washington Insurance Company. †
In that case the agent had no power to make insurance, but only to receive proposals and determine rates, with an understanding, sanctioned by the company, that if the rates and proposals should prove…
2Cited by6 opinions
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- American Life Ins. Co. of Alabama v. HutchesonCourt of Appeals for the Sixth Circuit · 1940
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1880
- Redfield v. Paterson Fire InsuranceNew York City Court · 1877
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