Home Insurance v. Parks

1. Where an application for a policy of fire insurance has been accepted and a policy issued, a delivery of the policy is not essential to the validity of the contract, in the absence of a special agreement to this effect. Civil Code (1910), § 2470.

2. It appearing from undisputed evidence that the policy had issued and been delivered to the local agent for the purpose of delivery to the insured, and it not appearing from the evidence that there -was any special agreement that the policy should be actually delivered to the insured, and it appearing without dispute that the insured, after the…