Stewart v. Glade Mill Mutual Fire Insurance

Citations

• 41 Pa. Super. 472
• 1910 Pa. Super. LEXIS 252

Syllabus

<p>Insurance — Fire insurance — Principal and agent — Application— Negligence of agent — Mistake of company.</p> <p>Where a person permits a fire policy to expire, and a month thereafter signs an application for a new policy, and delivers it to the proper agent of the insurance company, and at the same time pays to the-agent a survey fee, and the agent neglects to deliver the application to the company, and the company by mistake levies an assessment which both the insured and the agent thought was on the new policy whereas it was for a loss during the interval when there was no insurance, the company will be liable for the burning of the building described in the application, although no policy in fact had been issued to the applicant.</p>