Taylor v. Phœnix Insurance Co. of Hartford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action upon a policy of insurance against fire issued by the defendant company to the plaintiff. The original policy had expired before the loss, but the plaintiff alleges that it had been renewed by an oral contract between himself and the company (through its agent), and was in force when the property was destroyed.
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APPEAL from the Circuit Court for Bock County. Action upon a policy of insurance against fire issued by the defendant company to the plaintiff. The original policy had expired before the loss, but the plaintiff alleges that it had been renewed by an oral contract between himself and the company (through its agent), and was in force when the property was destroyed. The policy contained a condition that it should be void if the premium remained unpaid; also a provision that the insurance might be renewed'for any agreed time, “provided the premium therefor is paid,” and indorsed on the policy or…
1Opinion of the CourtLyoN, J.
It may be assumed, for the purposes of the case, that Mr. Towne, the agent of the defendant insurance company, had authority to waive any adverse conditions in the policy, and to bind the company by an oral contract to renew it.
The proof of the alleged contract of insurance is all contained in the following testimony of the plaintiff. After testifying to a conversation with Mr. Towne before the policy expired, concerning its renewal, he proceeded as follows:
“Afterward, and on the 18th day of June, I had a conversation with Towne about renewing the policy. I met Towne in front of the…
2Cases cited4 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Kelly v. Commonwealth Insurance of PennsylvaniaThe Superior Court of New York City · 1862
- O'Donaghue v. M'GovernNew York Supreme Court · 1840
- Rockwell v. Hartford Fire InsuranceThe Superior Court of New York City · 1857
3Cited by15 opinions
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- King v. Hekla Fire InsuranceWisconsin Supreme Court · 1883
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
- K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
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