Mutual Assurance Society v. Scottish Union & National Insurance

Citations

• 84 Va. 116
• 4 S.E. 178
• 1887 Va. LEXIS 13

Syllabus

<p>1. Insurance-Cancellation-Notice-Where provision in policy required notice of cancellation by company to be given to assured, notice of such cancellation given to broker who obtained the policy:</p> <p>Held:</p> <p>Insufficient to discharge liability of the insurer.</p> <p>2. Idem.-Though the policy also contained a provision that the broker who obtained the policy should be considered the agent of the assured and not of the company, yet-</p> <p>Held : That the broker was agent of the assured only in procuring the policy and not to receive notice of cancellation.</p> <p>3. Idem- Contract-Custom.-No custom as to giving notice of cancellation to the broker who obtained the policy, can avail to override an express stipulation in the policy that notice should be given to the assured.</p> <p>4. Idem-Construct ion of policies.-See opinion of Lacy, J., and M. A. Ass’n v. Newman, ante, p. 52, and Ins. Co. v. Cherry, ante, p. 72.</p>