Pennsylvania Casualty Co. v. Washington Portland Cement Co.

Citations

• 63 Wash. 689
• 116 P. 284
• 1911 Wash. LEXIS 1268

Syllabus

<p>Insurance — Agent for Insured — Existence of Relation — Independent Contractor. Where a construction company acted as the agent of the owner for a commission, the owner furnishing the labor and material for the construction of a plant, the owner is liable for the premium on accident insurance taken out in the name of the construction company by authority of the owner, and the construction company is not an independent contractor.</p> <p>Actions — -Misjoinder-—Parties—Principal and Agent. There is no misjoinder of causes of action in suing the owner and its building agent for the premium on an accident insurance policy issued in the name of the agent by authority of and for the benefit of the owner.</p> <p>Parties — Defect of Parties Defendant — Principal and Agent— Election. There is no defect of parties defendant from the fact that, in an action on a contract of insurance made by a building agent for the owner, an undisclosed principal, the creditor elected to hold the principal only and discharged the agent.</p> <p>Appeal — Review—Pleading—Harmless Error — Defects Cured by Evidence. The failure of a complaint to state a cause of action is immaterial where evidence was admitted without -objection broadening the issue and establishing a cause of action.</p>