Careve v. Phoenix Insurance
Montana Supreme Court
Appeal from District Court, Custer County; S. D. McKinnon, Judge. Action by Tonsbo Careve against tbe Phoenix Insurance Company of Hartford. Judgment for defendant and plaintiff appeals. The Security Abstract and Title Company, under its certificate of appointment was a general agent of the defendant insurance company. (19 Cyc., p. 780; 14 R. C. L., par. 339; Kahn v. Traders Ins. Co., 4 Wyo. 419, 62 Am. St. Rep. 47, 34 Pac. 1059-1069; Germam, Americam, Ins.
Read the full summary
Appeal from District Court, Custer County; S. D. McKinnon, Judge. Action by Tonsbo Careve against tbe Phoenix Insurance Company of Hartford. Judgment for defendant and plaintiff appeals. The Security Abstract and Title Company, under its certificate of appointment was a general agent of the defendant insurance company. (19 Cyc., p. 780; 14 R. C. L., par. 339; Kahn v. Traders Ins. Co., 4 Wyo. 419, 62 Am. St. Rep. 47, 34 Pac. 1059-1069; Germam, Americam, Ins. Co. v. Yeagley, 163 Ind. 651, 2 Ann. Cas. 275, 71 N. E. 897; Richards v. Springfield F. & M. Ins. Co., 114 La. 794, 108 Am. St. Rep. 359,…
1Opinion of the CourtChief Justice Callaway
Tonsho Careve, the plaintiff, in October, 1919, obtained from the defendant, through its agent, Security Abstract & Title Company, a fire insurance policy covering his buildings and contents. In November following the building and contents were burned. Defendant having refused to pay, plaintiff brought this suit. By consent of the parties the cause was tried to the court sitting without a jury. Judgment was entered for defendant, from which plaintiff has appealed.
When plaintiff applied for insurance the business was transacted between him and D. M. Ferguson, who was manager and secretary of…
2Cases cited6 opinions
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Tuttle v. Pacific Mutual Life InsuranceMontana Supreme Court · 1920
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
- Kennedy v. Grand FraternityMontana Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- State Farm Mutual Automobile Insurance Co., a Corporation v. Coleman C. Murnion and Virginia MurnionCourt of Appeals for the Ninth Circuit · 1971
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- American Surety Co. of New York v. BlaineCourt of Appeals of Texas · 1925
- Baker v. Union Assurance Society of London, Ltd.Montana Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.