150 Iowa 607 | Iowa | 1911
This cause was submitted to the court without the aid of a jury. The controlling facts are that the firm of Jameson & French was the recording agent of the defendant and of the Iowa Manufacturers’ Insurance Company of Waterloo. The plaintiffs authorized Jameson & French to place certain insurance for them in some of their companies. Thereupon Jameson & French write a policy in the defendant company and delivered it to the plaintiffs, receiving from them the stipulated premium therefor. Upon receiving the report as to the policy so issued, the defendant immediately wrote to Jameson & French that it would not carry the risk at the rate fixed and directing that the policy be canceled. This letter was received by the agents a day or two before the fire, and up.on its receipt they at once wrote a policy for the same amount and at the same rate in the Iowa Manufacturers’
It appears without question that the plaintiffs knew that the defendant had ordered its policy canceled and that it had been canceled by Jameson & French. They also knew that their risk had been rewritten in the Iowa Manufacturers’ Company by Jameson & French. If, with suck knowledge, tkey surrendered tke defendant’s policy and accepted tke policy in tke Iowa Manufacturers’ Com
As there will have to be a reversal of the judgment for the reasons pointed out, we need not discuss other matters presented. — Reversed.