Latham Mercantile & Commercial Co. v. Harrod

Citations

• 71 Kan. 565
• 81 P. 214
• 1905 Kan. LEXIS 183

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Company not Licensed — Insolvency—Agent’s Liability. A firm of agents representing several fire-insurance companies were requested by an officer of a corporation owning goods in this state to insure them in a No. 1 company. The agents caused the goods to be insured in a company not licensed to do business in this state. A loss occurred, but the amount of the policy was not collected, by reason of the insolvency of the insurance company. Held, that the agents were liable to the insured for the amount ol the policy.</p> <p>2. - Statute Applies to Fire Insurance. Sections 18 and 23 of chapter 93 of the Laws of 1871 (Gen. Stat. 1901, secs. 3381, 3386) have application to fire-insurance companies and their agents, and were enacted for the benefit of insurers.</p> <p>3. -Insured not Estopped. A policy-holder in a fire-insurance company not authorized to transact business in this state is not in pari delicto with the company or its agents.</p>