Vernon Fire & Cas. Ins. Co. v. Thatcher, 371A51
Decision Date | 04 October 1972 |
Docket Number | No. 371A51,371A51 |
Citation | 287 N.E.2d 776,152 Ind.App. 692 |
Parties | VERNON FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. Charles E. THATCHER and Betty Thatcher, Appellees. |
Court | Indiana Appellate Court |
Hickam & Hickam, Spencer, for appellant.
Vernon J. Petri, Spencer, for appellees.
ON PETITION FOR REHEARING
Appellant's petition for rehearing contains but one allegation which deserves comment. We did, it is true, fail to make express reference to whether the trial court erred in reading to the jury its Instruction No. 8, as follows:
Appellant's objection below was
'that there is no evidence that 'the defendant afterward ratified such false representation and received the benefit thereof' as provided in the instruction'
We did, however, discuss the issue of agency and scope of authority, in the course of which we said:
'In Cadez v. General Casualty Company (CA 10, 1961), 298 F.2d 535, after holding the company not liable for representations of policy coverage made by 'a soliciting or local agent', which representations had never come to the company's attention, the court said:
'If untrained or over-zealous agents make negligent or reckless representations as to policy coverage and it can be shown that the company had actual knowledge thereof or that knowledge may be implied from the circumstances of a particular situation, the company must accept the responsibility.'
and Fiscus' testimony of Fiscus' participation in a conversation between Thatchers, Schepper, and Fiscus in which, according to Thatcher, the representations made by Schepper were ...
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Vernon Fire & Casualty Insurance Company v. Thatcher, 371A51
...1973. Hickam & Hickam, Spencer, for appellant. Petri & Holt, Spencer, for appellees. ON PETITION TO TRANSFER of Ind.App., 285 N.E.2d 660, 287 N.E.2d 776 Petition denied. ARTERBURN, Chief Judge (concurring). I concur in the denial of transfer in this case. However, I differ with the reasonin......