Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-09-09
RESCRIPTS HANDED DOWN
FROM THE LAW COURT
The following rescripts have been
handed down by the law court:
Androsco,oin Couptx

Androscoggin County.
Alfred Leblanc VS.. Standard Insur-
ance Company. Rescript by Savage,
&c. j.
The plaintiff held an insurance pol
icy in the defendant company, issued
by local agent under which he was
to be Unidentified against loss from
the liability imposed by law on ac-
count of bodily injuries accidentally
sustained by any person through the
maintenance or use of a certain auto
mobile owned by himself. The in
surance was subject to conditions in
the policy, namely. that ii did not
cover liability for injuries received
While the automobile was being used
tor other than certain specified pur-
poses; that upon the occurrence of an
accident the insured should give i'm
mediate written notice thereof TO the
company at its home office. or to its
duly authorized agent, and that the
insured should give like notice of any
claim made against him on account
of such accident, and that if thereafter
any suit was brought against him. he
should Immediately forward to the
company every. summons or other
process served upon him. An acct
dent occurred. The plaintiff gave
immediate oral notice to the local
agent who told him he would take
care of him, and that a firm of local
attorneys would see him. The local
agent at once made a fun written re-
port to the company or one of its
general agents. The company on the
day following by its ATTORNEYS in Bos-
ton referred the matter for investi-
cation to the same local ATTORNEYS.
They investigated and reported. They
were instructed to get the evidence in
writing, and in the meantime to at
tempt to make a settlement Plant #
did not report the accident in writing
to the company. nor did he when sued
on account of the accidapt send the
summons to the company, but gave it
to the local attorneys as he had been
directed to do by the local agent who
issued the policy. In a suit on the
policy. held
/. That the evidence does not sus-
tain the contention that the automo-
bile was being used for purpose 9TH
er than those covered by the policy.
, That the failure of the plaintiff
to give written notice of the accident
and Of the claim made on him, was
waived by the acts of the local agent
and of the various investigating at
torneys.
3. That the company is bound bv
the direction given the plaintiff by the
local agent to give any summons
served upon him to the local attor-
neys. as much so as if the direction
had come from the home office.
4. Under Revised Statutes, chapter
49. section SO, which provides that
the agents Of insurance compa MES
shall be regarded as in the place of
the company in all respects regarding
any insurance effected by them" an
agent has power to waive the re-
quirement in the policy for a written
report of loss or injury and direc-
tons given to the insured by an agent
as to procedure touching the subject
matter Of the insurance are binding
upon the company, whether given be-
fore or after liability has been in
Cured. The agent stands in the place
of the company in all respects.
Judgment for plaintiff s2533.11 and
interest from October 5th. 1914.
Received Sept. I, 1915.
Lincoln County.
W. o. Seavey VS.. Granville J.
Seavey and Trustee. Rescript by
Savage, c. j.