Lewis v. H. J. Schwinn & Co.

Citations

• 130 Wash. 49
• 226 P. 129
• 1924 Wash. LEXIS 815

Syllabus

<p>Insurance (30) — Marine Insurance — Contract to Insure — Oral Agreement of Agent — Evidence—Sufficiency. Tbe evidence is insufficient to establish the liability of an insurance company upon an oral contract for marine insurance, where it merely appears that a local insurance agency representing various companies agreed to procure marine insurance, and the only evidence of the agent’s authority to write a policy for the company was its admission, denied by the company, and it was shown in fact that it had no such authority.</p> <p>Pleading (170) — Issues, Proof and Variance — Evidence Admissible — Complaint—Contracts. A local insurance agency cannot be held liable on its promise to procure a policy of marine insurance, where the complaint was based upon its promise, as the authorized agent of a certain company which was joined as a defendant, that the principal would issue the policy, and the cause was submitted to the jury on that theory, and the proof failed to show any such authority or promise as agent, but only an independent promise.</p>