Colpe Investment Co. v. Seeley & Co.

An action for damages based upon the alleged fraud of the defendant while acting as the agent of plaintiff and its assignors.

It was alleged that defendant concealed, with intent to deceive, the material facts concerning the terms, premiums and types of insurance coverage procurable upon properties of plaintiff and its assignors which defendant was employed to keep insured, and falsely represented that such terms, premiums and types of insurance coverage procured upon said properties were the best that could he procured for adequate coverage thereon.

The complaint consisted of six separate causes of action, three of which, namely, the second, fourth and sixth, are not before us on this appeal. Of the remaining three, the first, third and fifth, the first is based upon the failure to write certain policies with a co-insurance clause attached. The other two are based upon the alleged failure to procure the attachment of co-insurance clauses to certain policies and to procure policies' for a three-year term upon a two-year premium.

Upon the trial the court granted defendant’s motion for a nonsuit as to the three causes of action last mentioned.

Defendant contends that there was…