Walker v. Lion Fire Insurance

Citations

• 175 Pa. 345
• 34 A. 736
• 1896 Pa. LEXIS 1255

Syllabus

<p>Insurance — Fire insurance — Agent—Evidence.</p> <p>In an action upon a written policy of fire insurance where it appears that the assured treated with a person who assumed to be the agent of the insurance company, paid him the premium and received from him the policy, and there is nothing in the pleadings or the proof to show that such person was not the agent of the company, the assured is entitled to the presumption that the person with whom he treated represented the company, and was acting within the limits of his authority.</p> <p>In an action upon a written policy of insurance against the L. Co., it appeared that on August 9, at 5 :15 p. m., K., one of the plaintiffs, called at the office of the U. Co., which acted as agent for other companies, and asked B., the secretary of the U. Co., if he could insure bark and lumber. B. replied that he could, and asked whether there was any fire in the woods in that region. K. replied that he had no knowledge of any fire. The amount of insurance was agreed upon, and it was then agreed that the insurance should go into effect as of noon of that day. and that the policy should be delivered at 8 o’clock in the evening. K. did not call for the policy as arranged, and did not receive it until 2 p. m. the following day, at which time he paid the premium to B. The policy as delivered was countersigned by the W. Co. as agent. It was dated August 9, and went into effect at noon of that day. On August 9, at 5 : 45, K. received notice that there was a fire in the woods in the vicinity of his property, and at the time of the delivery of the policy a part of the property was on fire.. There was nothing in the pleadings or the proof to show that B. was not the agent of the company. Held, (1) that the burden was upon the insurance company to show that B. was not their agent; (2) that, if in fact the policy took effect from the time of the delivery only, the duty to show this rested upon the insurance company.</p>