McGinnis

This is an appeal to review a judgment in favor of the plaintiff on an oral contract of insurance. The sufficiency of the testimony to support the verdict is the only question presented for consideration. Taking the view of the testimony most favorable to the appellee, as we must, the facts are substantially as follows: March 26, 1927, the appellant, through Commercial Realty & Trust Company, its agency at Douglas, Ariz., issued a policy of insurance to T. P. McGinnis, the husband of the appellee, insuring him in the sum of $2,500 against loss or damage by fire on a store building, merchandise, and fixtures for a period of one year from that date. June 10, 1927, the agency at Douglas notified Mc-Ginnis of the cancellation of this policy, to take effect five days after the date of service of notice. While not so stated in the notice, the apparent reason for the cancellation was that the insured had been convicted of the crime of receiving stolen property and the company deemed the risk a bad one. June 18, 1927, the appellee called at the office of the agency of the company at Douglas and found in charge of the office a girl of about 17 years of age, who was employed there as a…

(dissenting). While I am inclined to think the evidence would warrant a finding of actual authority on the part of Miss Moore, the assistant or clerk, it is necessary only to consider the question of her apparent authority.

Of course, the general principles of ostensible agency are always the same, but that is not to say their application always produces the same results. Under modem usage, the issuance of fire insurance policies is in a large measure a routine and clerical function. The companies furnish their agencies with descriptive plat books, rate schedules, and policies of standard form which are easily filled out. The policies themselves are so framed as automatically to protect the companies upon the major subjects — such as false representation or the concealment of material facts, insurable interest, and over-insurance, etc. The issuance of a policy ordinarily requires the exercise of little more discretion or judgment than the selling of a railroad ticket, and, both in procuring insurance for the insured and in writing it for the insurer, the duty is not uncommonly delegated to employes serving in a subordinate capacity.

The apparent authority of Miss Moore is…