92 Iowa 316 | Iowa | 1894
“Ingersoll, Howell é Co.:
“Ice house numbers 3 and 4 burned to day. Will write. F. A. G-iddings.”
On the next day he wrote as follows:
“Ingersoll, Howell & Co., Des Moines, Iowa.
“Gents: — The ice house numbers 1, 2, 3, and 4, burned to the ground yesterday. We have one thousand dollars insurance on number 3 and 4 in American Fire of Philadelphia, policy number 3,505. When can you have the adjuster come and look it over?
“Respectfully yours,
(Signed) “F. H. Giddings.”
“Des Moines, Iowa, December 11, 1891.
“F. H. Giddings, Fsq., ButJiven, Iowa.
“Deae Sie: — Your telegram received yesterday, ■and we have this morning telegraphed you as follows. [Then follows a copy of the telegram above set forth.] “We will say that immediately on the report of the loss last October we gave the necessary notice to the companies’ managers at once. A few days after that, the special agent of the American Fire & Marine were both in Des Moines, and, it seeming unnecessary for both to go to Ruthven, the American special turned over the loss to the Dubuque Fire & Marine special, for him to settle both. We understand the American special, Mr. C. N. Miller, notified Ruthven Bros, to this effect, and also inclosed proofs*320 of loss.for them to fill out. Since that time we have paid no attention to the matter, and do not know what action has been taken by the Dubuque Fire & Marine people. We did not answer your telegram yesterday, anticipating the arrival in the city of the American special. We now suggest, if you have not already done so, that the assured make out proofs of loss, and send them by registered mail or express, to make sure that they reach the proper parties of both companies. Send proofs to C. E. Bliven, Manager, 218 La Salle Street, Chicago, 111. As we understand, the state laws give sixty days in which to file such proofs. We do not understand, from all our conversation with the American special, that they intended to take advantage of you in any way, but it is well in all cases to take the necessary steps in matters of that kind. Do not the assured consider that the loss was due to the neglect of the Des Moines Ice Company in originating the fire, and do they expect to make any claims in court against these people for the loss sustained? In that case, it strikes us, it might be well to confer with the insurance companies interested on your loss, and join with them in making any such claim, provided you have the proofs to substantiate it. We trust you will have no trouble in getting matters settled as .they should be, and do not anticipate that you will, so far as the American is concerned. We trust this is satisfactory, and to hear from you again soon.
Yours, truly,
“Ingersoll, Howell & Co.”
the same does not warrant an inference that he has authority to adjust and settle losses, or waive the performance of the conditions in the policy; and the fact "that he assumes to do so does not even tend to establish his authority. 2 Wood, Ins. 915; Bush v. Insurance Co., 63 N. Y. 531; Bowlin v. Insurance Co., 31 N. W. Rep. (Minn.) 859; Smith v. Insurance Co., 15 Atl. Rep. (Vt.) 353; Kyte v. Assurance Co., 10 N. E. Rep. (Mass.) 518; Knudson v. Insurance Co., 43 N. W. Rep. (Wis.) 954; Lohnes v. Insurance Co., 121 Mass. 439. As the policy does not name.the person to whom the notice may be sent, but merely provides for notice to the company within sixty days, it may be true that notice can be given to the agent who issued the policy. And where, as in this case, it is further shown that the agent mailed a notice of loss to the company, it is more than probable that the notice was given to a proper person, and was sufficient as a notice to bind the company. Insurance Co. v. Taylor, 73 Pa. St. 342; Argall v. Insurance Co., 84 N. C. 355; Loeb v. Insurance Co., 12 S. W. Rep. (Mo. Sup.) 574; Insurance Co. v. Helfenstein, 40 Pa. St. 289; Pennypacker v. Insurance Co., 80 Iowa, 57, 45 N. W. Rep. 408. This notice, however, was not'accompanied by proofs of loss, and, •as we have álready seen, the local agents had no authority to waive them.
The answer of defendant’s local agents to the plaintiffs that an adjuster would be sent at once was not binding on the company, for they had no authority in matters connected with the adjustment of the loss.