Hahn v. Guardian Assurance Co.

Citations

• 23 Or. 576
• 32 P. 683
• 1893 Ore. LEXIS 66

Syllabus

<p>1. Agents’ Authority — Insurance.— The acts of an agent performed within the scope of his real or apparent authority, are binding upon his principal. The public have a right to rely upon an agent’s apparent authority, and are not bound to inquire as to his special powers unless the circumstances are such as to put them upon inquiry. * Hardwick v. State Im. Co. 20 Or. 547, approved.</p> <p>2. Agent — Evidence of Authority. — Where a person represented himself as the general agent of an insurance company, and the assured, without knowledge of any limitation on his powers, paid him the premium and left the city, entrusting the management of the whole affair to his hands, and afterwards received from him the policy which the company had made out and sent to him, the jury are justified in finding that the agent was a general agent, and not an agent with limited or special powers.</p> <p>3. Expert Testimony — Insurance Risk. — The question whether the risk was increased by changing a building which was used as a general merchandise store and lighted by coal-oil lamps, to a variety theater and lighting it with electric lights, relates simply to matters of common knowledge or observation, and is not the proper subject of expert testimony.</p> <p>4. Insurance Adjuster — Waiver of Proofs of Loss.— Preliminary'proofs of loss are waived by the fact that an adjuster of the company, with its approval, refused to adjust or settle the loss, and stated to the insured that the loss would not be paid.</p> <p>B. Insurance — Withdrawing Waiver of Proof of Loss — Failure to Present Proof. — Where an insurance company has waived the presentation of proofs of loss, it may, within a reasonable time, withdraw this waiver and require the proofs as prescribed in the policy. Thus, where the proofs of loss had been waived, bnt some time before the period for presenting such proofs had expired, the general agent of the company wrote to the attorneys for the assured, requesting them to furnish