Andrews v. Equitable Fire & Marine Insurance

Headnote

Insurance (fire) — transfer of property — notice to agent by telephone — failure to issue or attach to policy rider showing transfer until after occurrence of fire.

Andrews v. Equitable F. & M. Ins. Co. of Providence, R. I., 202 App. Div. 858 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1922, unanimously affirming a judgment in favor of plaintiffs entered upon a verdict. The action was to recover upon a policy of fire insurance. The policy in question dated May 28, 1917, effective for three years, was issued to Paul Perrault by Herman D. Walters, defendants’ local soliciting agent. By a deed executed March 25 or 26, 1919, and recorded March 29,1919, Paul Perrault, the insured, conveyed the insured premises to Amos H. Andrews and Rosa C. Andrews. It was testified that while Mr. Perrault and Mr. Andrews were in the office of John A. Brown, Mr. Brown called Mr. Walters on the telephone and informed him that the transfer had been made and asked him to make an indorsement showing the transfer. No rider showing the transfer was issued or attached to the policy until nearly a year thereafter and after a fire had occurred, damaging the premises.