Dinning v. Phœnix Insurance

Citations

• 68 Ill. 414

Syllabus

<p>Insurance—MU to compel issuing of policy not sustained without proof of contract, and payment of premium. On a bill in chancery to compel an insurance company to issue a policy of insurance, the complainant must show a contract to that effect made with a duly authorized agent of the company, or one held out to the public as having authority, and this by a preponderance of evidence. If the whole proof shows that the transactions were but the preliminaries to making a contract of insurance, and no premium paid or credit given, the bill will be properly dismissed.</p>