Campbell v. Eagle Indemnity Co.

CRAIG, Acting P. J.

The appellant was insured by respondent company against loss by burglary of his residence. Having suffered such a loss, he instituted an action upon the policy of insurance. Judgment was rendered in favor of the defendants, and the plaintiff appealed.

The case comes to us upon stipulated facts and the judgment-roll. By a policy of insurance issued in December, 1924, upon which a premium was paid for the period of one year, it was recited that the same should cover loss or damage occurring “within the policy term defined in state

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ment 13 of the schedule or within any extension thereof under renewal certificate issued by the company”. In the year 1925 a renewal" certificate was issued upon payment to Price by appellant of the premium for a second year. In January, 1927, appellant paid the requisite premium to Price, who receipted for the same. It is stipulated that “the sum of $26.17 for said third premium was not and no part thereof, was at any time paid to Eagle Indemnity Company, or its general agents, or any other person, firm or corporation, and Eagle Indemnity Company at ho time issued any renewal certificate on said policy other than the renewal certificate above referred to, which extended said policy to December 19, 1926”. Appellant’s residence was burglarized during the month of November, 1927. Sworn statements were regularly filed by the insured with said company, and demand was made for reimbursement, which was refused. By the terms of its “Three Year Agreement Endorsement” the company, stipulated that it “hereby agrees to renew this policy at date of expiration for a term of twelve months, beginning at noon on the 19th day of December, 1925, on payment of a premium of $39.26 and also at date of expiration of the second term of twelve months to renew for a further term of twelve months, beginning at noon of the 19th day of December, 1926, on payment of a premium of $26.17. The insured by the acceptance of this policy agrees to accept the renewals above referred to, and to pay the prémiums therefor, but neither this agreement on the part of the company nor that made by the insured shall be held to abrogate the right of the parties to cancel this policy or either of the renewals at any time in accordance with the policy conditions.” There is nothing tending to indicate that the policy had been terminated by either party, nor that the insured was advised of the insurer having severed Price’s commission as a broker, although Campbell received no renewal certificate to December, 1927, for which he had paid Price the premium' as provided by the policy, ten months before the date of the loss. And the record is equally silent as to knowledge on the part of the insurer of payment of the last premium as an expression of intention to renew the policy.