Whitney v. American Ins. Co.

Citations

• 6 Cal. Unrep. 220
• 56 P. 50
• 1899 Cal. LEXIS 1174

Syllabus

<p>Insurance.—A Notice of a Change of Title may be Given to the person who signed the policy as insurer’s agent when the policy was issued, where the insured had no knowledge that such person had ceased to be the insurer’s agent.</p> <p>Insurance—Notice of Change of Title.—Under a Clause in a Policy Insuring a Mortgagee, providing that the insurance should not be invalidated by the mortgagor’s neglect, provided the mortgagee notified insurer of any change of ownership coming to his knowledge, and had permission for such change indorsed on the policy, a change of ownership to the mortgagee’s knowledge does not invalidate the policy, if the change did not increase the risk, though he gave insurer no notice thereof, the provision respecting the giving of notice by him being merely directory.1</p> <p>Insurance.—An Insured may Make Proofs of Loss to One who had assumed insurer’s liabilities, where insurer had authorized him to receive them, and had withdrawn all its own agencies from the state.</p> <p>Reinsurance.—A Contract of a Company to Pay Losses Under Policies issued by another company as promptly as losses under its own policies is not a contract of reinsurance, under Civil Code, section 2646 et seq., and hence the company is directly liable to the insured.</p>