Orkin v. Standard Fire Ins. Co. of N.J.
| Decision Date | 19 November 1923 |
| Citation | 122 A. 823 |
| Parties | ORKIN v. STANDARD FIRE INS. CO. OF NEW JERSEY. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Action by Bennie Orkin against the Standard Fire Insurance Company of New Jersey. Judgment for plaintiff, and defendant appeals. Affirmed.
J. Forman Sinnickson, of Salem (Arthur S. Arnold, of Philadelphia, Pa., on the brief), for appellant.
D. Trueman Stackhouse, of Camden, for respondent.
This action was brought upon a policy of insurance, averred to have been issued by the defendant company and delivered to the plaintiff, to recover the loss sustained by the latter through a fire which occurred on the 11th of October, 1921, and destroyed the property covered by the policy. The trial of the case resulted in a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant appeals.
On the evidence submitted the jury was entitled to find the following facts: The plaintiff, in July, 1921, employed one Brownholtz, a licensed insurance broker, to procure insurance for him to the amount of $1,500 upon the property described in the policy. By the terms of the employment the broker was authorized and required to select the company by which the policy should be issued, and thereafter to keep the property insured for the sum mentioned. Pursuant to this employment Brownholtz applied to one Hambleton, who was the agent of the London Assurance Corporation, and also of the Standard Fire Insurance Company of New Jersey, for the issuance of a policy to Orkin; and this agent thereupon placed the insurance with the London Company, the policy of that company being issued in the latter part of July, and delivered to Brownholtz, who in turn delivered it to the plaintiff. Some time in August the London Company ordered Hambleton to have the policy canceled, and Hambleton thereupon notified Brownholtz of the cancellation. The latter, upon receiving notice of the cancellation, applied to Hambleton for the issuance of another policy, and, in compliance with this request, the policy now in suit was issued by the Standard Company and delivered through Hambleton to Brownholtz, the delivery being about the 26th of September. Brownholtz called at Mr. Origin's home for the purpose of advising him of the cancellation of the London policy and the issuing of the Standard Company's policy in its place, but, failing to find him at home, took no further steps to advise him of these facts until the...
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