(Download) "Leo Bulla D/B/a/ Probst and Bulla" by Court of Appeals of Indiana No. 3-674A102 # eBook PDF Kindle ePub Free
eBook details
- Title: Leo Bulla D/B/a/ Probst and Bulla
- Author : Court of Appeals of Indiana No. 3-674A102
- Release Date : January 25, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiffs-appellees Eugene Donahue and Marjorie Donahue filed an action in the trial court against defendant-appellant appellant Leo Bulla d/b/a Probst and Bulla Insurance Company to recover damages for the failure of Bulla to procure insurance on certain automobiles owned by Eugene Donahue. Bulla filed an amended third-party complaint against third-party defendant-appellee Virginia Gundlach alleging that any damages sustained by the Donahues was a result of Gundlach's conduct. Trial to the court resulted in judgments for the Donahues and against Bulla in the amount of $1,170, and further, for Gundlach and against Bulla on the amended third-party complaint. Thereafter, appellant's motion to correct errors was overruled and this appeal was perfected. On appeal appellant contends that an agreement to procure insurance must be proved with the same degree of certainty as a contract of insurance, and that the elements of a contract of insurance are necessary to assess the measure of damages. Appellant further contends that there were no direct dealings between himself and Donahues, and therefore an agency relationship between Bulla and Gundlach must be shown to establish privity of contract. He further contends there is no evidence that Gundlach was acting within the scope of her authority in her dealings with the Donahues. Finally appellant contends that he is entitled to recover from Gundlach any damages recovered against him by Donahues since Gundlach acted outside her authority in telling the Donahues they had insurance coverage.
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