Casualty Co. of America v. Beattie

Citations

• 75 Wash. 166
• 134 P. 817
• 1913 Wash. LEXIS 1690

Syllabus

<p>Principal and Agent — -Liability op Agent — Contract as Principal — Disclosed Agency — -Parol Evidence. Where a policy of insurance was issued to an agent at his request in his own name as principal, he cannot avoid liability for the premiums by showing by parol that he was an agent only and had disclosed the principal for whom he and his partner were acting; and where he had the policy assigned to himself and partner, the partnership is liable to the same extent as though it were originally issued to them.</p> <p>Insurance — Policy-—Cancellation—Evidence—Suppiciency. The evidence is insufficient to support a finding of an oral concellation, on November 1, of a policy of indemnity insurance, or of a waiver of written notice, where it appears that, after oral notice to cancel was given (which the agent denied) the insured made claims under the policy and the company recognized the policy as in force on November 20th and paid a loss thereon; the assured attempting to explain their claims by the fact that the agent had asked to have the policy continued, to which assent by the assured’s principal was required, and that they did not know when they made their claims whether such consent had been given.</p> <p>Interest — Unliquidated Demand. Interest is recoverable on an amount found due for insurance premiums from the time the demand accrues, where the amount can be ascertained by mere computation.</p>