Ogle Lake Shingle Co. v. National Lumber Insurance

Citations

• 68 Wash. 185
• 122 P. 990
• 1912 Wash. LEXIS 1266

Syllabus

<p>Ixsubaxce — Obal Conteact — Requisites — Ceetainty. An oral contract of fire insurance is incomplete and unenforceable for want of certainty as to the parties, the risk insured against, and the duration of the insurance, where it appears that a local agent, who had arrangements with insurance agents in another city representing several companies to send them business on a percentage basis, received an application for insurance on a shingle mill and its machinery, on June 1, informed the insured that the insurance would be effective that day, and wrote for the policies, that he received a reply on June 4th, inclosing blank forms and asking how the insurance was to be divided, promising the policies on receipt of the information, that the local agent made the segregation and mailed the forms on June 4th at 11 a. m., without knowing what companies would be selected, that the mill burned the same afternoon, before receipt of the required information, and that policies were issued in two different companies the next day before receiving notice of the fire, the insured having been led to believe that the term commenced June 1st, when he first applied for it, and this not having been communicated to the agents, who dated the policies June 5th.</p> <p>Duxbab, C. J., Fullebton, Gose, and Ceow, JJ., dissent.</p>