Flannery v. State Mutual Fire Insurance

Citations

• 175 Pa. 387
• 34 A. 798
• 1896 Pa. LEXIS 1261

Syllabus

<p>Insurance — Fire insurance — Agent—Declarations—Evidence.</p> <p>In an action upon a compromise agreement entered into after a fire between the insured and B., the alleged agent of an insurance company, plaintiffs testified that B. represented himself as the adjuster of the company ; that after making a full examination of the circumstances of the fire and the extent of the loss he proposed a compromise, which was accepted by plaintiffs; that the secretary of the company had afterwards stated that B; was an adjuster for the company, that what he had done was right, and that payment would be made as agreed upon by him. Held, that although B.’s declarations alone were insufficient to establish his agency, it could be inferred from his acts and their recognition by the company, and proved by the declarations and admissions of the officers of the company.</p>