123 Wis. 313 | Wis. | 1904
Upon the foregoing statement of facts of ■the case the circuit court held that Furlong & Leedom were ■not the agents of the plaintiff to receive notice to cancel sub.-sisting insurance, and held that the policies sued on'were in force at the time of the fire. It is strenuously insisted by •the defendant that the facts and circumstances show that Furlong & Leedom had authority from the plaintiff to rc-■ceive notice to cancel subsisting policies‘and procure substituted insurance to keep'up the full line of insurance origin•ally ordered. An insurance agent may be the agent of the .assured in procuring insurance, if his duties as such agent do not conflict with his duties as agent of the insurance company, under sec. 1917, Stats. 1898; but when a conflict of •duties arises his authority to act for the assured must yield to ■that imposed by this statute. Schauer v. Queen Ins. Co. 88 Wis. 561, 60 N. W. 994; John R. Davis L. Co. v. Hartford Ins. Co. 95 Wis. 226, 70 N. W. 84; Welch v. Fire Asso. 120 Wis. 456, 98 N. W. 227. It is also well established that, •where an agent is employed to procure insurance, such employment, in itself, does not authorize him to represent the
It is contended that the policies sued on had been terminated by the issuance and delivery of substituted insurance ■ by Eurlong & Leedom, upon the ground that the course of' business as conducted between them amounted to giving authority to cancel subsisting insurance and substituting other-policies. This is predicated upon the claim that whenever these agents received notice of cancellation of any insurance-they made an office record of such notice, and made entries on their office books declaring such policies canceled and others-substituted as of the time and under the date of the original policy, and they thereupon delivered such substituted policies ■ to Mr. Gill, by whom they were received in place of the canceled policies. It is also claimed that this course of conduct-
Ihj the Court. — Judgment affirmed.