Charlie Cox v. American Fidelity & Casualty Co., a Corporation and Underwriters at Lloyd's, London

Appellant, Charlie Cox, is a trucker in Pasco, Washington. In November of 1954 he contacted the Grant H. String-ham Insurance Agency in Pasco with the view to obtaining insurance for a tractor and trailer which he owned. Appellant wanted coverage of $100,000/$200,000 against death and bodily injury. The Stringham Agency was unable to place this insurance with any of the companies they represented, but they endeavored to secure a policy through the Portland agents of appellee, Tobey, Inc. and Bates Lively & Pearson, who were apparently doing business under the heading of The Affiliated Agencies.

The Stringham Agency, through a salesman, Mr. Van Vranken, wrote to Affiliated explaining Mr. Cox’s needs, and was notified by reply letter that the coverage requested could be placed with appellees, enclosing a form for application. Mr. Cox filled out this form with the help of Mr. Van Vranken and paid the latter the entire premium on the policy with American Fidelity and one-quarter of the premium on the policy with Lloyd’s. The application was forwarded to Tobey, Inc., Van Vranken retaining the check for premiums that he had received from Cox. This was done on December 4, 1954. On…