FRANCE v. CITIZENS CASUALTY COMPANY OF NEW YORK, 331 Ill. App. 268 (1947)

72 N.E.2d 871

Gen. No. 43,871. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed May 7, 1947 Released for publication May 22, 1947

AUTOMOBILES AND MOTOR VEHICLES, § 59.11[*] — estoppel of insured to deny transfer coverage of automobile. Where insured, owner of two automobiles, in filling out automobile accident report to insurance company stated that automobile originally covered by insurance was involved in accident, but after being informed by his agent that sometime prior to accident agent, without any authority, had transferred such insurance coverage to other automobile, whereupon insured changed his report accordingly, held that such action constituted, as matter of law, ratification of transfer of coverage, and insured would not be heard to deny authority of his agent.

Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. KLARKOWSKI, Judge, presiding.

Reversed. Heard in the third division, first district, this court at the October term, 1946.

Page 269

John J. Morris, for appellant;

V.J. Liss, of counsel;

Stacy W. Osgood, for appellee;

Ode L. Rankin, of counsel.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed May 7, 1947; released for publication May 22, 1947.