Sun Insurance Office, Limited, a Corporation v. Chet L. Gonce

Appellee (hereinafter called “Gonce”), a citizen of Nevada, recovered judgment below against appellant (hereinafter called “Sun”), a citizen of the Kingdom of England, for the sum of $10,-714.28, with interest, for a fire loss sustained by Gonce and claimed by him to have been insured against by Sun’s policy of insurance Number 594763. Viewing the evidence in a light most favorable to appellee, as we must, the material facts of the case are:

Policy Number 594763 was originally issued on November 5, 1947, by Sun, through its general agent Garrett Insurance & Realty Company, Reno, Nevada, to Byron Samuel and Fred W. Kirske, doing business as Broadcasting Station KXXL, the insureds named in the policy, and when issued it covered the equipment contained in the broadcasting station, to the amount of $15,000.00 for the term of three years from November 5th, 1947. The issuance of the policy was handled by one Bevan, a partner in the Garrett Company, and he caused the policy to be countersigned with the Garrett Company’s name as agent, so as to place its terms and provisions into effect. Shortly after the policy was issued, payment of the premium thereon was financed by Samuel under an…