McCullough v. Hartford Fire Insurance

Citations

• 2 Pa. Super. 233
• 1896 Pa. Super. LEXIS 45

Syllabus

<p>Insurance — Renewal—Power of agent — Secret limitations.</p> <p>Where a policy of insurance provides for renewals, but is silent as to the forms of procedure necessary to effect such renewal, and a contract for such renewal has been executed by the agent of the company and a renewal receipt given, the company cannot set up as a defense thereto that the agent had exceeded the scope of his authority, the restrictions of which are described by secret instructions of which insured could have no notice.</p> <p>Insurance — Principal and agent — Powers of agents.</p> <p>The question always is, not what power an agent does in fact possess, but what power the company held him out to the public as possessing.</p> <p>The powers of an agent are prima facie coextensive with the business intrusted to his care and will not be narrowed by limitations not communicated to the person with whom he deals.</p> <p>Insurance — Effect of renewal receipt^ — Emdence.</p> <p>While a renewal receipt purporting to renew an expired policy of insurance may not be sufficient to make a contract of insurance, it may be admitted and submitted to the jury as evidence of such contract, taken in connection with other testimony in the case.</p>