LUMBERMEN'S INS. CO. et al.
Rehearing Denied July 8, 1952.
Judgment reversed as to named defendant and cause remanded for new trial on issue of damages unless specified remittitur should be entered and judgment reversed as to other defendants with directions to enter judgment in their favor.
Richard H. Chambers, of Tucson, Allan K. Perry, of Phoenix, for appellants.
William Gordon, of Tucson, for appellee.
Phelps, Justice. Udall, C. J., and Stanford, De Concini and La Prade, JJ., concur.
[74 Ariz. 154] This is an appeal from a judgment of the superior court of Pima County in favor of appellee Bernard Heiner, and against appellants Lumbermen's Insurance Company, Massachusetts Bonding and Insurance Company, and Benjamin Solot and Mark Klafter as individuals, in the sum of $ 536.36 together with interest and costs.
The facts are that Solot and Klafter were copartners engaged in the real estate and
insurance business in Tucson and acted as agents for the above-named insurance companies, soliciting various kinds of automobile insurance written by their principals.
For some reason not apparent in the record these insurance companies issued a combination automobile insurance policy in which the Lumbermen's Insurance Company, for a specific premium named therein, insured automobiles against loss or damage from fire, lightning, theft and what is known as "comprehensive coverage" which includes every loss or damage to the automobile except that suffered by collision. The Massachusetts Bonding and Insurance Company covered all loss for personal injury, property damage from collision, etc., for which it also charged a separate specific premium.
The automobile involved in this case is a 1937 model 40 Buick sedan and was owned by Sophie Smith, mother of appellee Bernard Heiner, until the time of her death in June, 1947. Through Solot and Klafter the appellant insurance companies had been carrying the insurance on this particular car for a number of years. At the time of [74 Ariz. 155] the death of deceased on June 10, 1947 the current policy was in full force and effect and carried full coverage including comprehensive coverage above explained.
Prior to the expiration date of this policy, on August 12, 1947, a Mr. Walker, an employee of Solot and Klafter called a Mr. Tannenbaum, attorney, for the estate of Sophie Smith, deceased, by phone and solicited a renewal of the policy. After some conversation Tannenbaum authorized him to write the renewal policy and suggested that it be made to insure both the estate of Sophie Smith deceased, and ...