Lauridsen v. Bowden, Gazzam & Arnold

Citations

• 107 Wash. 310
• 181 P. 885
• 1919 Wash. LEXIS 753

Syllabus

<p>Appeal (386, 387)—Review—Waiver op Error. The waiver of a motion for new trial does not carry with it and condone whatever errors might have been considered under it, where they were raised and insisted upon under appellant’s motion for judgment notwithstanding the verdict.</p> <p>Insurance (10, 12)—Agents—Relation—Evidence. A letter in answer to an inquiry from a local insurance firm, quoting marine insurance rates on a prospective risk and expressing a hope to receive the order, does not constitute the local firm agents with power to cover the risk.</p> <p>Same (12, 13)—Agents—Authority. A letter offering to protect a shipment and issue a policy of marine insurance if advised of the name of the shipper, amount, cargo, boat, date, etc., written to a local insurance firm, does not authorize the firm to receive the premium and protect the shipment by an agreement for a policy.</p> <p>Same (30)—Policy—Executory Agreement—-Marine Insurance. A letter from insurance agents to a local insurance firm, offering to protect a prospective shipment and issue a policy of marine insurance, if advised of the name of shipper, amount, cargo, boat, date, etc., does not constitute a contract for insurance, although the local firm receipted for the premiums, where the shipment was lost before the data called for was received by the insurance company’s agents.</p> <p>Same (10-12)—Agents—Relations—Powers. Upon an issue as to whether a local insurance firm, not agents of the insurer, was authorized, by correspondence, to protect a shipment or agree to the issuance of a policy of marine insurance, the insured, dealing with the firm at his peril, has the burden of proof, and cannot establish the agency by the evidence of the alleged agent, but must be considered to have read each of the communications as they took place.</p>