German Fire Insurance v. Grunert

Citations

• 112 Ill. 68
• 1 N.E. 113

Syllabus

<p>1. Agency—powers of a general agent. An agent, the principal being absent, having full charge, management and control of the business of the principal, must necessarily possess and exercise the same power and authority in' the business that his principal could, if present. A general agency, until revoked, is coextensive in scope and duration with the business.</p> <p>2. Same—power of general agent to sue for Ms principal. Where a principal is absent, his general agent, having sole authority to manage his business, will necessarily have authority to bring suits to collect debts, and insurance in case of loss by fee, such power being essential to an efficient discharge of his duties.</p> <p>3. Same—insurance—proof of loss by agent of assured. Where a policy of insurance requires the assured, within thirty days after any loss by fire, to furnish proofs of the same, signed and sworn to by him, the proof of loss should be so signed and sworn to, unless there is some legal excuse. His absence at the time of the loss, and failure to return in time, is a sufficient legal excuse, and in such case the proofs may be signed and verified by his agent having charge of his business.</p> <p>4. Insurance—proof of loss—waiver as to time. Where written notice and proof of loss are made out and delivered to the insurance company within the required time, by the .agent of the assured, the latter being absent from home, and the company returns the notice and proofs, with objections thereto, and they are amended by the agent and again delivered, and they are again sent back for amendment, which is made, and this is repeated several other times, this will be held a waiver by the company of the objection that such notice and proofs were not delivered in proper time.</p> <p>5. Same—of the signature and jurat to the proofs of loss. It was objected to certain proofs of loss that the signature and jurat thereto were insufficient, in that they showed a signature of William Grunert, the assure