152 Minn. 440 | Minn. | 1922
The plaintiff appeals from the order denying his motion for a new trial after a verdict directed by the court in favor of the defendant.
The plaintiff relied upon a policy running for a period of three months from July 30, 1915. Such a policy was offered in evidence and upon objection was rejected. We are unable to find sufficient evidence that the policy was in force or that there was a contract of insurance. The policy, executed in proper form, was in the possession of the company. It was not shown ever to have been in the possession of Joice. No actual negotiations for insurance were proved. Payment of premium was not shown. Delivery was not shown. An offer to prove was made referring to negotiations for the policy through a broker, but it stopped short of showing the existence of an insurance contract. It suggested a refusal by the company to put a policy in force until payment of premium. Apparently Joice had insurance expiring at the date of the policy of July 30.
We are not to be understood as holding that there must be a physical delivery of the policy or like possession by the insured. But the policy must be in force, or there must be in some form a contract of insurance. The casualty company defended at its own expense the plaintiff’s action against Joice. It did so, upon evidence not disputed, under an understanding with Joice that it disclaimed liability.
The further contention of the company that it is not liable to the plaintiff, even if there was insurance, because it did not assume the
The verdict was rightly directed.
Order affirmed.