Haskin v. Agricultural Fire Insurance

Citations

• 78 Va. 700
• 1884 Va. LEXIS 43

Syllabus

<p>1. Specific Performance-Courts of equity will enforce the performance of a contract if it be proved as stated in the bill and, as stated and proved, it be certain, fair, and just in all its parts. But if the evidence be conflicting, and it is not clear that a contract was in fact made, a bill for specific performance will be dismissed.</p> <p>2. Idem-Contracts for insurance.-Proof of insurance contract may be by parol, but it mnst be full and- clear. Proof of a mere offer, on the one hand, without acceptance, on the other, or of an incomplete contract-that is, when anything is left open for future adjustment, either as to the amount of the risk, the premium to be paid, or the duration of the risk-no obligation exists.</p> <p>3. Idem-Idem-Acceptance.-The fact that an application has been made for insurance and a long time has elapsed and the rejection of the risk has not been signified, does not warrant a presumption of its acceptance. In such cases, there must be actual acceptance or there is no contract.</p> <p>4. Idem-Idem-Solicitors.-A solicitor is, to some extent, the agent of* an insurance company. But where one has notice of solicitor’s limited powers-i. e., that he can solicit, not perfect or complete contracts for insurance, and that such solicitor cannot give him the rates, nor do otherwise than report the application to his principal-no binding contract of insurance can be made with such solicitor.</p> <p>5. Idem-Idem-Case at bar.-P, a solicitor empowered only to solicit risks, and receive and transmit to company applications and premiums for insurance, conversed, December 10th, 1879, with H about insuring H’s barn and peanuts ; but no application in writing was then made, H not then having the money to pay the premium, and P made no report to company. Nothing was done till December 23d, 1879, when H and P again met, and H, concealing the fact that the barn and peanuts had been destroyed the day before, made his written application and paid the premiums