107 Wis. 606 | Wis. | 1900
The policy in question was in the form required by the laws of this state. It contained a provision that “ this policy shall be canceled at any time at the request of the insured, or by the company by giving five days’ notice of such cancellation.” It is not claimed that there has been any cancellation under the terms of the policy. The argument is, however, that when the policy was delivered to the plaintiff’s agent by the Rogers-Ruger Company the latter’s agency terminated; that by force of the statute (sec. 1977, Stats. 1898) the Rogers-Ruger Company was the agent of the defendant; and that the surrender of the policy to it by McRean was a surrender to defendant, and the policy became canceled or of no effect when he mailed his letter on the forenoon of May 13th.
There can be no doubt of the fact that the parties to an-insurance contract may agree upon terms of cancellation different from those stipulated in the policy. Ostrander, Fire Ins. § 19. The trouble with the argument here is that there is no proof of any such agreement, and no proof of any facts from which such an agreement is properly infer-able. The telegram from the home office to Culver & Harper was: “Please cancel seven naught eight; Wicks portable sawmill; undesirable.” There is no suggestion that it should be canceled in any other way except under the terms of the policy. The agents telephoned Rogers-Ruger Company that it had been ordered canceled. The company wrote McBean to the same effect, and requested a return of the policy.
Uo further discussion of the case is deemed necessary.
■ By the Oourt.— The judgment of the circuit courtis affirmed.