Rezac v. Zima

Citations

• 96 Kan. 752
• 153 P. 500
• 1915 Kan. LEXIS 486

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Agreement with Agent to Procure Fire Insurance— Breach of Agreement — Loss—Liability of Agent. In a petition in which it is substantially alleged that a broker or agent undertook to procure insurance on certain property of an owner in some responsible company and where the parties agreed on the total amount of insurance, the amount to be placed on each class of the property to be insured, and that the premium should be taken from a certain fund provided by the owner, but that the broker neglected to procure the insurance, and in reply to an inquiry of the owner had assured him that the insurance had been obtained, and the property is thereafter destroyed by fire, a cause of action against the broker is stated, and certainly sufficient as against an objection of the defendants to the introduction of any evidence.</p> <p>2. Same. A broker or agent who undertakes to procure insurance for another is bound to exercise reasonable diligence to obtain it on the terms and conditions agreed upon and to give timely notice to his principal in case he is unable to procure it on the agreed terms and conditions, and if. he fails to carry out his agreement and a loss results through his inattention, incapacity or fraud he will be liable to the extent and for the amount that would have been recoverable upon the insurance he had agreed to procure.</p>