52 Miss. 441 | Miss. | 1876
delivered the opinion of the court.
The bill Avas filed by appellees to compel the appellant to-deliver an insurance policy against loss by fire, and for payment of the amount due thereon, the building alleged to have been protected by it having been burned. The claim of appellees Avas that everything necessary to complete the contract transpired before the loss, and that appellant actually had in its keeping a valid policy belonging to appellees. Appel
It is conceded, in fact, by the insurance agent that he so-stated to Klein, who was the real party in interest, and for whose benefit the insurance was sought. Upon the faith of this statement Klein advanced his money.
It is well settled that a court of equity will compel the issuance and delivery of an insurance policy after a loss, where-there has been a valid agreement for one before the loss, and will enforce payment of it, as if made in advance.
This will be done where the contract was by parol, and even where the charter of the insurance company requires all. policies to be in writing. It was so held by the Supreme Court of the United States in case of Franklin Ins. Co. v. Colt. Cent. Law Jour., March 26, 1875, p. 207. See, also, 42 Mo., 38 ; 2 Dutch., 268; 42 Me., 259 ; Phœnix Ins. Co. v.. Hoffheimer, 46 Miss., 657.
Decree affirmed.