(Download) "Resnick v. Wolf & Cohen" by District of Columbia Court of Appeals. ~ Book PDF Kindle ePub Free
eBook details
- Title: Resnick v. Wolf & Cohen
- Author : District of Columbia Court of Appeals.
- Release Date : January 04, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
HOOD, Associate Judge. Plaintiff brought an action on an alleged contract of theft insurance against Wolf & Cohen, Inc.,
licensed as an insurance agent in the District of Columbia, and against Century Indemnity Company, licensed to engage in the
business of insurance in the District. Plaintiff sought to recover for a loss which occurred between 9:00 p. m. and 10:00
p. m., on October 9, 1943, when some jewelry was stolen from his gift shop while it was open for business. The trial Judge
at the close of the case directed a verdict for defendants. Plaintiff has appealed. Since the trial Judge directed a verdict for the defendants, we must consider every fact in evidence which tends to sustain
plaintiff's case as admitted, together with every inference reasonably deducible therefrom. Birchall v. Capital Transit Co.,
D.C.Mun.App., 34 A.2d 624. In this view, the jury could have found, insofar as the existence of a contract of theft insurance
is concerned, the following circumstances: that plaintiff asked Feldman, an insurance solicitor, for 'full coverage insurance'
in July 1943 for a gift shop which plaintiff opened at that time; that plaintiff received from Feldman certain policies of
fire insurance issued through the office of Wolf & Cohen, Inc., though the record does not disclose what company or companies
issued the policies; that plaintiff did not receive a theft policy; that plaintiff asked Feldman for theft insurance in the
latter part of September 1943; that plaintiff asked Feldman about the theft policy several times in September 1943 and that
Feldman told him he was 'covered'; that Feldman told him he had the theft policy at home; that plaintiff never received a
theft policy, and that defendant Wolf & Cohen 'bound' defendant, Century Indemnity, on an open stock burglary policy
in the amount of $2,000 for plaintiff on September 21, 1943. The open stock burglary policy expressly covered the contents
of the shop only while it was not open for business, and therefore did not include the loss alleged in this action. Feldman
testified that he had never discussed theft insurance with plaintiff; that plaintiff requested fire and burglary insurance;
that the conversations were limited to 'open stock burglary insurance' which covered the contents of an insured's shop during
the time it was not open for business; that he telephoned defendant, Wolf & Cohen, while in plaintiff's store and in
plaintiff's presence for the purpose of obtaining a binder on the fire insurance and open stock burglary insurance; that he,
in fact, was not authorized to bind defendant, Wolf & Cohen, and that he solicited insurance for several companies. Feldman's
connection with Century Indemnity Company was not mentioned in the evidence.