Crawford v. Transatlantic Fire Insurance Co.

Citations

• 125 Cal. 609
• 58 P. 177
• 1899 Cal. LEXIS 912

Syllabus

<p>Fire Insurance—Delivery oe Policy After Fire—Prior Agreement eor Effective Policy.—A fire insurance policy may be delivered after the occurrence of a fire, if it purports to take effect prior to occurrence, and is the memorial of a prior parol contract for such a policy agreed to in its essentials, and which the parties intended should take effect as stated in the' policy. In such case, it seems that the policy may have taken effect without actual delivery to the insured or his agent.</p> <p>Id.—Absence of Prior Agreement—Nonliability for Premium.— In the absence of such a prior agreement as would bind the insurance company and render the insured person liable for the premium, the delivery of the policy after the building bad been destroyed by fire, to the knowledge of the parties, could not give any effect to the instrument.</p> <p>Id.—Action Upon Policy—Evidence—Acts and Declarations of Agents—Res Gestae.—In an action upon such policy, all of the acts and declarations of the agents of the fire insurance company which might characterize their intent while they were engaged in the business of the insurance, and until the delivery of the policy, are admissible against the insurance company as part of the res gestae.</p> <p>Id.—Subsequent Narrations—Hearsay.—The declarations of the agents of the defendant, made at a time subsequent to the delivery of the policy or when they were not acting for the defendant in any business connected therewith, and which were not part of the res gestae, but are mere narration or illustration of their past conduct, are incompetent hearsay.</p>