(Download) "Richard Martin v. Robert W. Woods Lumber" by Supreme Court of Idaho No. 9261 # eBook PDF Kindle ePub Free
eBook details
- Title: Richard Martin v. Robert W. Woods Lumber
- Author : Supreme Court of Idaho No. 9261
- Release Date : January 09, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On May 1, 1962, at 11:20 a. m. Richard Martin, claimant-appellant herein, was injured by accident arising out of and in the course of his employment by his employer, R. W. Woods, doing business as Woods Lumber Company. Martin filed a claim for compensation with the Industrial Accident Board and an investigational hearing was held on June 4, 1962. Woods alleged that he carried industrial insurance with Argonaut Insurance Company and that Argonaut was liable for any award the Board might grant to Martin. Argonaut denied it was Woods' surety at the time of the accident and alleged that Woods' policy had expired at 12:01 a. m. on May 1, 1962. The basis of Woods' claim against Argonaut was that he had placed his insurance for many years with a local insurance agency, the F. G. Harrell Agency, which had been an agent of Argonaut. In 1960 on the recommendation of the owners of the Agency, Woods purchased his industrial insurance from Argonaut rather than another company from which he previously had purchased insurance. The policy had a one year term and was to expire at 12:01 a. m., May 1, 1961. On the expiration date the policy was automatically renewed and extended to May 1, 1962. Woods testified that this had been the practice with all his prior policies and assumed that the renewal for 1962-1963 also would be automatic. He further claimed he was assured by the owner of the Harrell Agency that the policy would be automatically renewed on May 1, 1962. The policy was not renewed, however, and according to the Board's records, Woods was an uninsured employer on May 1, 1962. Argonaut claims it had terminated its agency relationship with the Harrell Agency prior to May 1, 1962. Woods was not notified by Argonaut until after the policy had expired of the termination of the Harrell Agency's authority to act as Argonaut's agent or that his policy would not be renewed. Woods argues that Argonaut is estopped from denying its liability because of its failure to notify Woods that the Harrell Agency was without authority to renew the policy and that the policy would not be renewed.