Rensselaer for Use of Jones v. Mid-States Ins. Co.

Full title: Willow Dean Rensselaer for use of Matthew Jones, Appellant, v. Mid-States…

Court: Appellate Court of Illinois

Date published: Nov 13, 1947

334 Ill. App. 389 (Ill. App. Ct. 1947)

79 N.E.2d 530

Opinion

Gen. No. 43,857. (Abstract of Decision.)

Opinion filed November 13, 1947 Rehearing opinion filed May 4, 1948 Released for publication June 4, 1948

ON REHEARING.

AUTOMOBILES AND MOTOR VEHICLES, § 59^_ — oral contract of liability insurance. Evidence that insurance company's authorized agent mailed to owner of auiomobile abstract of automobile liability policy reciting that company's policy of designated number had been issued to owner, describing owner's automobile, and stating amount of insurance, limits of liability and amount of premiums, and that agent also included bill for premiums due and company's automobile identification card giving number of policy and expiration date warranted conclusion that there was an oral contract for insurance, notwithstanding that agent issued to another the policy bearing number assigned to owner; hence, company was liable in garnishment proceedings instituted after third party recovered judgment against owner in automobile accident case.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Judgment reversed and judgment here in favor of beneficial plaintiff Willow Dean Rensselaer. Heard in the second division, first district, this court at the October term, 1946.

Ruttenberg Ruttenberg, for appellant;

David C. Ruttenberg and Marvin H. Ruttenberg, of counsel;

William Parker Ward, for appellee.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed November 13, 1947; rehearing opinion filed May 4, 1948; released for publication June 4, 1948.