Reynolds v. Pacific Marine Insurance

Citations

• 105 Wash. 666
• 178 P. 811
• 1919 Wash. LEXIS 616

Syllabus

<p>Appeal and Error (175)—-Time for Taking—Effect of Motions. Where a verdict was rendered April 24th and judgment withheld pending motions for judgment non obstante and for a new trial, until June 24th when the first judgment was entered, an appeal notice served September 19 and filed September 21, is within the ninety days limited by law.</p> <p>Insurance (51)—Construction of Contract—Term—Voyage in Marine Policy. A marginal clause in a policy of marine insurance limiting the policy to the waters of southeastern Alaska, delivered after the sailing of the vessel, will prevail, although unknown to the owners, unless there are facts that estop the company from reliance on the provision.</p> <p>Same (10, 109)—Agents or Broker—Relation to Parties—Statutes—Knowledge Imputed. Under the insurance code, Rem. Code, § 6059-1 et seq., defining an “agent” as the person appointed and authorized to solicit applications and effect insurance, and a “broker” as a person not appointed who acts or aids in any manner in negotiating contracts of insurance for a party other than himself, and requiring larger license fees for brokers than for agents, an insurance concern that makes application to the agents of the company for a policy of marine insurance is a broker and acts as agent of the owners of the boat, so that its knowledge would not be imputed to the company.</p> <p>Same (108)—Agents—Notice—Reliance on Application. Where a broker’s application for marine insurance expressly specified that the boat was not to be employed in the waters of southwestern Alaska, and the surveyor’s report gave the employment of the boat as both the waters of southeastern and southwestern Alaska, the agents of the company writing the insurance were not bound to make inquiry as to whether the insurance desired was that applied for, but were entitled to rely on the application, the rate of insurance being different.</p>