Williams v. Home Insurance

Citations

• 102 Kan. 74
• 169 P. 545
• 1917 Kan. LEXIS 223

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Hail Insurance — Oral Contract of Agent — Premium Retained by Company — Contract Valid — Estoppel. In an action on an alleged oral contract for insurance, it is held, on the facts stated in the opinion, that the insurance company by retaining control and exercising ownership over the premium paid to its local agent is estopped to deny that it contracted to insure plaintiff’s wheat crop against loss by hail, notwithstanding its local agent had no authority to make án oral contract for insurance.</p> <p>2. Same — Amount of Loss — Incompetent Evidence Admitted. Evidence of the amounts paid by the defendant to other persons in settlement of losses to wheat crops occasioned by the same storm is held, in the circumstances stated in the opinion, incompetent; and because of the failure of plaintiff to establish by competent evidence the amount of his loss, the judgment is reversed and the cause remanded for trial of that issue.</p>