Taylor v. Liverpool & London & Globe Ins.

Citations

• 68 Pa. Super. 302
• 1917 Pa. Super. LEXIS 117

Syllabus

<p>Insurance — Fire insurance — Insurance broher — Oral contract.</p> <p>A person cannot recover from a fire insurance company on an alleged oral contract of insurance made through an “insurance broker, permitting him to choose which company shall become the any commission from the company, or that directly or indirectly he was on its pay roll, or that the company had ever authorized him to make the contract in question.</p> <p>Where a person desiring to have his property insured applies not to any particular company, or its known agent, but to an insurance broker, permitting him to choose which company shall become the insurer, the broker is the agent of the insured and not of the insurer.</p> <p>Where a trustee in bankruptcy takes out through an insurance broker, a fire insurance policy in his own individual name on the bankrupt’s property, and subsequently requests by letter the broker to procure a proper policy in his name as trustee, enclosing his check as trustee to the order of the broker, and the broker endorses it over to the insurance company, which refuses to issue a policy to a trustee in bankruptcy, the trustee cannot recover against the insurance company for loss on the ground that there was an oral contract of insurance with him.</p>