Lycoming Fire Insurance v. Ward

Citations

• 90 Ill. 545

Syllabus

<p>1. Jury—competency of juror. If a juror has made up a decided opinion on the merits of the case, either from a personal knowledge of the facts, from the statement of witnesses, from the relations of the parties, or from rumors, and that opinion is positive and not hypothetical, and is such as will probably prevent him from give an impartial verdict, a challenge is well taken, and should be allowed.</p> <p>2. But where a juror has no fixed or positive opinion in the case, and if he has any opinion whatever, it is from what he heard on the trial of another case similar to the one in which he is called, and is merely hypothetical, and will not prevent an impartial judgment on the facts as they may be proved on the trial, he is competent.</p> <p>3. Insurance—dealings with agent—and of evidence in respect thereto. If a party contracts with an agent of an insurance company for an insurance, and pays such agent the premium, the payment will be binding on the company, whether the agent pays over the money or not, but if the premium is paid to a person by the assured, knowing at the time he was not an agent of the company, but only a street broker, the policy can not be enforcéd unless he pays over the money, when it contains a clause that the company shall not be liable until the premium is actually paid.</p> <p>4. Where the assured contracts with one as the agent of the insurer, believing him to be such, and does not employ such supposed agent to act for him as his broker in obtaining an insurance, such person can have no power to act for or bind the assured, although the policy may provide that the person who may have procured the insurance to be taken shall be deemed the agent of the assured and not of the company.</p> <p>5. In such case the assured, in a suit on the policy for a loss, has the right to prove what the contract was with the agent. If the person procuring the insurance fras not the agent or broker of the assured, it-is proper to prove that fact, and if t