National Insurance v. Roberts

Citations

• 28 Ohio C.C. Dec. 253
• 27 Ohio C.C. (n.s.) 10

Syllabus

<p>INSURANCE.</p> <p>Pollock, Metcalf and Spence, JJ.</p> <p>tCondition of the Policy with Reference to Lighting Held to Have Been Waived by Agent Writing Application.</p> <p>When the agent of a fire insurance company, who is authorized to make contracts of insurance, collect the premium and deliver the policy, knew at the time he made the contract, received the premium and delivered policy, that the store room in which the stock of merchandise insured was kept was lighted by gas generated on the premises, the insurer is bound, in case of a loss which was covered by the policy, notwithstanding the policy contained a condition that “this entire policy (unless otherwise provided by agreement endorsed thereon or added thereto) shall be void * * * if illuminating gas or vapor be generated in the described building (or adjacent thereto) for use thereof,” and there was no agreement endorsed thereon, permitting the generation of gas on the premises for such purposes.</p> <p>[Syllabus by the court.]</p>