McKelvey v. Eureka Fire & Marine Ins.

Citations

• 24 Ohio C.C. Dec. 443

Syllabus

<p>INSURANCE.</p> <p>Agent's Delivering Policy and Collecting Premium for Insurance, Attaching Slip Permitting Other Insurance Estops Company froth Defense of Other Insurance Contrary to Terms of Policy.</p> <p>If an agent of a fire insurance company, who has authority to write insurance, deliver the policy and collect the premium, and who has been correctly informed of other insurance on the property attaches a slip containing the following: “Other insurance permitted to the amount of $-,” to a policy which provides that it shall be void if the insured has other insurance on the property, unless the agreement is endorsed on or added thereto, that no officer, agent or other representative of the company shall have power to waive any of the provisions or conditions of the policy, delivers the policy and collects the premium, he complies with the provisions permitting concurrent insurance, and the company is estopped from defending because of other insurance known to the agent at the inception of the contract.</p> <p>[Syllabus by the court.]</p>