(DOWNLOAD) "Virginia Brumbaugh v. Travelers Indemnity" by St. Louis District Missouri Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Virginia Brumbaugh v. Travelers Indemnity
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 16, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The plaintiff-insured had judgment below on her claim for the $1,000 insured value of a diamond ring stolen in a robbery. The defendant-insurer appeals. The issues here are these: Where an insurance agent extends credit for a premium, and pays the premium himself, may the insurer avoid liability because the insured fails to pay the premium to the agent? And, did the defendant give due notice of cancellation to the plaintiff at her ""last known address""? The case was tried without a jury and the following facts were conceded. While living in Los Angeles County, California, the plaintiff applied to the defendant's local agent for an all-risk policy on her jewelry. On February 2, 1961, defendant's general agent, Milton J. Jiler, issued a three-year policy. He mailed the policy to plaintiff on February 20, 1961, with a letter of transmittal. The letter thanked plaintiff for the business and solicited further insurance, but made no reference to payment of the stated premium of $56.16. The policy covered the subsequent loss of plaintiff's $1,000 diamond ring by a robbery on July 11, 1962, in St. Louis. Plaintiff made timely proof of loss, and the defendant denied liability. It contends that the policy was never in effect because the plaintiff failed to pay the premium and, alternatively, that it canceled the policy before the loss occurred.
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