State Ins. v. Richmond
Supreme Court of Iowa
Ajpfeal from Kossuth District Court. This action is brought by a principal against its agent, to recover damages alleged to have been sustained by reason of neglect of duty by the agent. The plaintiff demurred to the fourth division of the defendant’s answer. The court overruled the demurrer. The plaintiff elected to stand upon its demurrer, and judgment was rendered against it for costs. The plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
The defendant was the plaintiff’s soliciting agent in Kossuth county. As such he solicited and obtained from one Jordan an application for insurance upon *520a building erected for a hotel, but not quite completed. Ai the date of application and issuance of the policy, the build ing was not occupied as a hotel, but it was exjreeted that it would be in a short time. In the application, however, the building was described as occupied as a hotel. The defendant knew the facts, but did not inform the plaintiff, and the policy was issued, as may be presumed, in reliance upon the statements…
2Cases cited1 opinion
- Watson v. Van MeterSupreme Court of Iowa · 1876
3Cited by6 opinions
- Israel v. Farmers Mutual Insurance Ass'n of IowaSupreme Court of Iowa · 1983
- Max Holtzman, Inc. v. K & T CO., INC.District of Columbia Court of Appeals · 1977
- Bogley v. Middleton Tavern, Inc.Court of Appeals of Maryland · 1980
- Pennsylvania Millers Mutual Ins. Co. v. WaltonSupreme Court of Arkansas · 1963
- Continental Insurance v. Clark & CresslerSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.