[Download] "Sowers v. Iowa Home Mutual Casualty Insurance Co." by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: Sowers v. Iowa Home Mutual Casualty Insurance Co.
- Author : Supreme Court of Wyoming
- Release Date : January 21, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This is an action brought by Lloyd Sowers against the Iowa Home Mutual Casualty Insurance Company for damages sustained to a tractor and trailer near Elko, Nevada. The parties will be mentioned herein as in the court below, by name, or as appellant and appellee. The court rendered judgment in favor of the defendant and the plaintiff has appealed. Plaintiff pleaded in his first cause of action, aside from the allegations relating to the damages sustained, that he was entitled to recover under the policy here in question, the nature of which will be mentioned somewhat later. In the second cause of action, in addition to the upset and damage sustained by the plaintiff, he alleged that on or before the 24th day of August 1957, plaintiff applied to the Laramie Investment Company, the agent of the defendant, for insurance against loss of damage and comprehensive coverage by collision and upset of his tractors, trailers and units which he used in his business of hauling for hire; that the defendant by its agent agreed to become the insurer to the plaintiff on said units and issue a policy against loss without limiting the area in which plaintiff would be hauling property for other persons; that defendant through its agent issued a policy limiting the radius to 500 miles from Laramie; - Page 489 that plaintiff immediately advised defendant through its agent that the policy issued was in error and not the type of insurance which defendant had agreed to deliver and which had been ordered by the plaintiff; that these facts were brought to the attention of the Laramie Investment Company and C.N. Bell, general agent for defendant at Cheyenne; that said agents agreed that the 500-mile-radius limit was included by error and that a new policy would be issued as ordered by plaintiff; that in the meantime it was agreed that plaintiff was to notify the Laramie Investment Company of trips to be taken and units to be covered by insurance that were not on the policy; that one Middleton, agent of defendant, agreed to provide Sowers with postcards which could be readily mailed to the Laramie Investment Company advising of said trips but that the agents never provided the cards, which fact was brought to the attention of the Laramie Investment Company; that defendant through its agents agreed that no question would be raised as to the out-of-radius trips and that the company would take no advantage of it; that defendant has neglected and refused to issue the proper insurance policy agreed to be issued; and that, relying upon the representations of the agents of the defendant, the plaintiff took a trip on or about September 3-6, 1957, and sustained the damages in an upset in the sum of $12,128.67, for which judgment was asked.