Benner v. Fire Ass'n

Citations

• 229 Pa. 75
• 78 A. 44
• 1910 Pa. LEXIS 555

Syllabus

<p>Insurance — Parol contract to renew — Evidence.</p> <p>1. An insurance company may by a preliminary parol contract bind itself to issue or renew a policy in the future, but all parol contracts of insurance must be clearly established in every particular, the subject-matter of insurance, the amount and elements of the risk, including its duration in point of time and extent in point of hazard assumed, the rate of premium, and generally all the circumstances peculiar to and distinguishing the contract, so that nothing remains to be done but to fill up and deliver the policy, on the one hand, and pay the premium on the other.</p> <p>2. Where the evidence to establish the contract is vague, amounting to no more than a conversation on the street between plaintiff and defendant company’s agent as to renewing another insurance, with no money passing, no memorandum being made and no definite promise on either side, the evidence is lacking in details essential to show a contract to insure in the future.</p> <p>Insurance companies — Written and, oral agreements to insure — Charter —Act of May 5, 1871, P. L. 572.</p> <p>3. Where no elements of estoppel are present, an insurance company incorporated under the act of May 5, 1871, which provides that all agreements of insurance shall be in writing, is incapacitated from making a binding parol contract to renew insurance in the future.</p> <p>Insurance — Act of May 11, 1881, P. L. 20 — Defenses—Oral and written contracts.</p> <p>4. The act of May 11, 1881, is limited in every particular to written policies and has nothing to do with oral contracts of insurance.</p> <p>Insurance — Renewal—Power of agent.</p> <p>5. Where an insurance agent has no authority from his company to enter into an actual contract of insurance so as to bind the company, he has no authority to bind the company by an agreement to renew in the future an existing contract.</p> <p>Appeals — Assignments of error — Admission of evidence — Special matter — Practi