Maloney v. Rhode Island Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in a given transaction, “[t]he actual relationship is determined by what the parties do and say, not by the name they are called”
• holding that Insurance Code Section 33 “does not declare that if the broker assumes to act for and on behalf of the insurer that an actual agency cannot be created”
• finding that an independent broker acted as an agent of both the insurer and the insured
• stating that “[i]t has uniformly been held that such a provision does not prevent an actual agency relationship, different from that described in the [statute], from arising from the fact of conducting a transaction” and collecting cases from other jurisdictions to that effect
• independent broker may be agent of both insurer and insured
• interpreting Cal.Insurance Code § 33

Source: CourtListener parenthetical corpus (CC0).