Oral Contract Of Insurance

21 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Durbin Paper Stock Co., Inc. v. Watson-David Ins. Co., Inc.
  167 So. 2d 34· Fla. 3d DCA· 1964-07-07 ·cited 31×
  Property owners sued an insurance agent and insurance companies after a fire destroyed their building, claiming the agent had agreed to bind insurance coverage. The trial court directed verdicts for plaintiffs against the insurance companies on an oral contract theory and for the
• Hughes v. Pierce
  141 So. 2d 280· Fla. 1st DCA· 1961-10-31 ·cited 24×
  This appeal concerns whether an insurance agent's oral contract with an applicant binds the insurance company absent actual written authority. The court held that a general lines agent, by statute, possesses apparent authority to bind the insurance company through contracts of in
• Centennial Ins. Co. v. Parnell
  83 So. 2d 688· Fla.· 1955-10-19 ·cited 20×
  Centennial Insurance Company challenged a jury verdict awarding the Parnells $20,000 plus interest and attorney's fees on an alleged oral maritime insurance contract. The Florida Supreme Court reversed, holding that an insurance agent without actual or apparent authority cannot b
• W. Nat. Ins. Co. v. Le Clare
  163 F.2d 337· 9th Cir.· 1947-08-13 ·cited 18×
  The court held that the evidence was sufficient to support the jury's verdict for the plaintiff on an oral fire insurance contract, affirming the judgment.
• S.C. Ins. Co. v. Wolf
  331 So. 2d 337· Fla. 1st DCA· 1976-05-12 ·cited 12×
  The court held that there was no competent substantial evidence to establish an oral contract of insurance for safe burglary coverage, and the trial court should have granted the defendant's motion for a directed verdict.
• Federated Mut. Implement & Hardware Ins. Co. v. Fairfax Equip. Co., Inc.
  261 F.2d 207· 10th Cir.· 1958-11-20 ·cited 12×
  The court held that an insurance agent with general authority could bind the insurer to a new oral contract of insurance, even if it varied the terms of a written policy, and that such evidence was admissible.
• Peddy v. Pac. Emp'rs Ins. Co.
  246 F.2d 306· 5th Cir.· 1957-06-29 ·cited 12×
  An insurance broker, not an appointed agent of the insurer, cannot orally bind the insurer to cover a non-owned vehicle not listed in the policy, nor can they waive policy provisions excluding such coverage.
• Smith Trucking v. Cotton Belt Ins. Co., Inc.
  556 F.2d 1297· 5th Cir.· 1977-08-05 ·cited 6×
  The court held that an oral insurance contract existed and the garaging point had been effectively changed, thus covering the trailer involved in the accident.
• Auto. Underwriters Corp. v. Graves
  489 F.2d 625· 8th Cir.· 1973-11-20 ·cited 5×
  An insurance agent's oral assurance of coverage for occasional trips beyond a policy's stated radius binds the insurer, even if the insured failed to provide advance notice or pay the trip premium as required by the endorsement.
• Shipley v. Ohio Nat'l Life Ins. Co.
  296 F.2d 728· 3d Cir.· 1961-12-08 ·cited 4×
  The court held that summary judgment for the defendant was proper because there was no evidence that the soliciting agent had actual or apparent authority to bind the insurance company to an oral contract.
• Carolina Cas. Ins. Co. v. Helms
  248 F.2d 268· 8th Cir.· 1957-10-11 ·cited 4×
  The court held that an oral contract for insurance is enforceable even if a written policy is later issued but not delivered or accepted, and that statutory penalties and attorney fees are not applicable when recovery is based solely on the oral contract, not a delivered policy.
• Ziegler v. The Nat'l Life & Accident Ins. Co.
  441 F.2d 869· 8th Cir.· 1971-05-03 ·cited 2×
  The court held that no contract of insurance was formed because the conditions precedent for coverage, including premium payment and policy delivery, were not met, and the insured's refusal to sign the required note constituted a repudiation.
• Union Auto. Indem. Ass'n v. Capitol Indem. Ins. Co.
  310 F.2d 318· 7th Cir.· 1962-11-21 ·cited 2×
  The court held that restricting cross-examination of a key witness regarding the substance of a conversation about insurance coverage was prejudicial error requiring reversal.
• Farmers Mut. Hail Ins. Co. of Iowa v. FOX Turkey Farms, Inc.
  301 F.2d 697· 8th Cir.· 1962-04-27 ·cited 2×
  The court held that antecedent oral negotiations were merged into the written insurance policies and could not be used to establish an oral contract for extended coverage beyond the written expiration date.
• Milwaukee Mechanics' Ins. Co. v. Questa
  155 F.2d 139· 9th Cir.· 1946-04-26 ·cited 2×
  An oral agreement to issue a fire insurance policy can constitute a binding contract, obligating the insurer to pay the actual loss up to the agreed amount.
• Milwaukee Mechanics' Ins. Co. v. Questa
  137 F.2d 942· 9th Cir.· 1943-09-17 ·cited 2×
  The court held that the trial court's finding of an oral insurance contract was clearly erroneous because the plaintiffs did not allege or prove the specific agreement found by the court.
• Rosenberg v. Mar. Ins. Co.
  212 So. 2d 45· Fla. 3d DCA· 1968-06-18
  This case involves an appeal from a final judgment for the defendant in an action to recover under a marine insurance policy for the loss of a vessel.
• Sanders v. Nat'l Cas. Co.
  157 So. 2d 436· Fla. 1st DCA· 1963-11-19
  Sanders sued National Casualty Company and insurance agents for damages from an uninsured motorist accident, claiming they had purchased uninsured motorist coverage. The trial court granted summary judgment for defendants, but the appellate court reversed, finding genuine factual
• Lynn v. Farm Bureau Mut. Auto. Ins. Co.
  264 F.2d 921· 4th Cir.· 1959-03-07
  An operator's policy limiting coverage to non-owned vehicles is valid under the North Carolina Motor Vehicle Safety and Responsibility Act, but telephone conversations with the insurer's local office could create a binding oral contract for insurance on a newly acquired owned veh
• Rabb v. Pub. Nat'l Ins. Co.
  243 F.2d 940· 6th Cir.· 1957-05-10
  The court held that no oral contract of insurance was formed because the parties did not reach a meeting of the minds on all essential elements required by Kentucky law.
• Relda Apts., Inc. v. Atl. Ins. Co.
  100 Fla. 753· Fla.· 1930-09-06
  The Florida Supreme Court reversed an order granting a new trial, holding that the evidence supported the jury's verdict for the plaintiff in an insurance contract case. The court directed the lower court to enter final judgment for the plaintiff.