Broderick

Broderick v. Travelers Ins.

Good Law
175 F.2d 694·1949 U.S. App. LEXIS 3661
United States Court of Appeals for the Ninth CircuitJune 30, 1949No. 11901California1,985 words

Opinion

Lead Opinion

Healy, J.

This case was here on an earlier occasion under the title Ware v. Travelers Ins. Co. et al., 9 Cir., 150 F.2d 463 . The appeal then was from a judgment dismissing the complaint on the ground of the unconstitutionality of the statute on which the action is based. We reversed in the belief that the statute is not invalid and remanded the cause for hearing on the merits. After the case went down the defendants (appellees) answered and there was a trial resulting in findings and judgment in their favor, D.C., 73 F.Supp. 354 . The facts, already stated in part in our former opinion and .more fully in the opinion of the trial court, will be set out here only to the extent necessary to clarify the discussion.

Ware, originally the plaintiff but since deceased, was a licensed insurance agent doing business in Kootenai County, Idaho. He had a contract or contracts as resident agent with appellees, who are associated Connecticut insurance companies authorized to transact business in Idaho. The main contract, entered into in 1936, obligated the companies to pay to Ware “on policies issued * * * on proposals secured by or through the agent, as full compensation for all services and full…

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