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Cases cited for the legal proposition you have searched for.

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1

...really employed by him." (Civ. Code, § 2300) To establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care has caused or allowed a third...have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof." (7) Liability of the principal for the acts of an ostensible agent rests on the doctrine of "estoppel," the essential elements of which are representations made by the principal, justifiable reliance by a third party, and a change of position from such reliance resulting in injury. ( Kelley v. R.F. Jones Co. (1969) 272 Cal.App.2d 113, 121 [ 77 Cal.Rptr. 170].) Ostensible authority must...also alleged Schlom acted as American's and Appleby's ostensible agent in changing the names of the insured and loss payee/mortgagee to...


Court: Court of Appeal of California, Second District, Division Seven.
Date: May 21, 1990 Cited By: 84 Coram: 1
2

...persons who participated in the wrongful act of the principal. [1a] As to whether Mrs. Gianopulus had ostensible authority to represent deposits of single Diners' Club checks as several separate and distinct deposits of cash, the question must be answered in the negative. [2] To establish ostensible authority in an agent, it...itself from liability by asserting an ostensible authority in the agent where in fact no authority was given. [4] Additionally it may be noted that the issue of ostensible...[ 255 P. 881].) Here the trial court found, upon substantial evidence, that there was no ostensible authority. Bank asserts that there is no evidence in the record...


Court: Court of Appeal of California, Second District, Division Four.
Date: Oct 10, 1962 Cited By: 34
3

...) Civil Code section 2317 states, "Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess." The Court of Appeal has synthesized the law as follows: ". . . To establish ostensible authority in an agent...whether Pinnacle was acting as an agent of TIG in accepting claims is a question of fact. ( Boquilon v. Beckwith (1996) 49 Cal.App.4th 1697...conclude that there was substantial evidence to support the finding that Pinnacle was acting as TIG's ostensible agent. Mr. Turner and Ms. Schultz testified as to the manner in which...


Court: Court of Appeal of California, Second District, Division Five.
Date: Jan 22, 2001 Cited By: 65 Coram: 1
4

...in Jensen v. New York Life Insurance Company, supra, said: "Finally, appellant invokes the rule that, where this is apparent and ostensible authority in an agent, notice to the agent is notice to the...Insurance Company, supra, in an opinion by Mr. Justice Van Devanter, it is said: "One who deals with an agent, knowing that he is clothed with a circumscribed authority and that his act transcends his powers...insurance upon her life by a soliciting agent of the defendant at Scottsbluff, Neb., and in the forenoon of that day signed an application for life insurance, naming the plaintiff as beneficiary. The...


Court: Circuit Court of Appeals, Eighth Circuit.
Date: Aug 27, 1932 Cited By: 21 Coram: 1
5

....          Ostensible authority in an agent is established by showing “the principal, intentionally or by want of ordinary care has caused or allowed a third person to believe the agent possesses such...authority. [Citations.] Ostensible authority must be established through the acts or declarations of the principal and not the acts or declarations of the agent. [Citations.] . . . Also, where the principal..., particularly in light of its contradiction by respondents and the other neighbors. Consequently, the court held respondents acted with the consent of the Schmidts, who were appellant’s ostensible agents...


Court: California Court of Appeals
Date: May 16, 2007 Cited By: 0
6

...case for the reasons stated above. 4. Finally appellant invokes the rule that, where there is apparent and ostensible authority in an agent, notice to the agent is notice to the...actual authority still there was an apparent and ostensible authority sufficient to sustain the proposition that notice to an agent is notice to his principal." 1. The...the Nebraska Statutes (section 7757 Comp. Stats. Neb. 1922): "Every agent or broker who shall solicit an application for insurance of any kind shall, in any controversy between the insured or his...


Court: Circuit Court of Appeals, Eighth Circuit.
Date: May 2, 1932 Cited By: 16 Coram: 1
7

...) 36 Cal.App.3d 1012, 1017.) Service upon an agent with ostensible authority is sufficient to acquire jurisdiction. (Id. at p. 1018.) "The existence of an agency relationship is usually a question of fact, unless the evidence is susceptible of but a single inference." (Violette v. Shoup (1993) 16 Cal.App.4th 611, 619.) " 'To establish ostensible authority in an...) APPEAL from an order of the Superior Court of San Diego County, Lorna Alksne, Judge. Reversed and remanded with directions. Emanuel McCray, in pro. per., for Plaintiff and...issues in this appeal. "In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish...


Court: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Date: Oct 9, 2013 Cited By: 0 Coram: 1
8

...value, upon the faith thereof.’ Liability of the principal for the acts of an ostensible agent rests on the doctrine of ‘estoppel, ’ the essential elements of which are representations made by the principal, justifiable reliance by a third party, and a change of position from such reliance resulting in injury. [Citations.]” (Preis v. American Indemnity Co. (1990) 220 Cal.App.3d 752, 761.) “To establish ostensible authority in...underlying policy in any way. And, as the applicable law makes clear, a “principal cannot be held [liable] when an actual agent acts beyond the scope of his actual or ostensible authority.” (van’t...an agent, it must be shown the principal, intentionally or by want of ordinary care has caused or allowed a third person to believe the agent possesses such authority.” (Preis v. American Indemnity Co., supra, 220 Cal.App.3d at p. 761. See also Civ. Code, §§ 2300, 2317.)          “Ostensible authority...


Court: California Court of Appeals
Date: Apr 30, 2010 Cited By: 0
9

...) 87 Cal.App.3d 900, 905.) "To establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care, has caused or allowed a third person to believe...denied the motion to compel arbitration. In doing so, the court quoted from case law cautioning that an agency cannot be created by the acts of the agent alone and that a third party takes a risk in...either actual or ostensible. (Civ. Code, § 2298.) An agency is actual when the agent is really employed by the principal. (Civ. Code, § 2299.) An agency is ostensible when a principal causes a third...


Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
Date: May 22, 2017 Cited By: 0 Coram: 1
10

...Pinnacle was TIG's ostensible agent. Id. Under California law, "[t]o establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care has...agency relationship. In other words, it may be unlawful for an entity to act as an agent of the insurer without complying with section 1704(a), but that entity would still constitute an insurance agent for...caused or allowed a third person to believe the agent possesses such authority." Id. (internal quotations omitted). Ostensible authority is "established through the acts or declarations of the...


Court: United States District Court, N.D. California.
Date: Mar 21, 2007 Cited By: 6 Coram: 1
11

...created, and an authority may be conferred, by a precedent authorization or a subsequent ratification."].) Here, both express and ostensible agency by Anthem and Keenan is alleged, in carrying out the administrative services for Eisenhower's Plan. " 'To establish ostensible authority in an agent, it...really employed by him.' [Citation.] To establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care has caused or allowed a third person to.... (Id. at pp. 1868-1869.) Even if an agent, at the time of the doing of an act, is without actual or ostensible authority, "the act may be rendered valid and binding on the principal, as of the time...


Court: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Date: May 3, 2016 Cited By: 0 Coram: 1
12

...sufficient evidence to raise a triable issue of material fact as to an ostensible agency relationship. As we explained in Gulf Ins. Co. v. TIG Ins. Co. (2001) 86 Cal.App.4th 422, 438-439: “Actual authority is such as a principal intentionally confers upon the agent, or...himself to possess.” (Civ. Code, § 2316.) Civil Code section 2317 states, “Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.” The Court of Appeal has synthesized the law as follows: “. . . To establish ostensible authority in an agent...shall be an independent contractor, and that nothing in this Agreement is intended to constitute either party an agent, legal representative, subsidiary, joint venturer, partner, employee or servant...


Court: California Court of Appeals
Date: Aug 30, 2007 Cited By: 0
13

...employed by him." (Van Den Eikhof v. Hocker (1978) 87 Cal.App.3d 900, 905.) "To establish ostensible authority in an agent, it...agency relationship between them and Edelstein in connection with the Bollywood lease, or that an ostensible agency theory applies. The denial of the motion for new trial was based on different reasons...several arguments they did not make in the motion for JNOV or for new trial. The JNOV motion was limited to the issue of whether defendants were acting as the Steeles' agent or ostensible agent when he...


Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Date: Aug 7, 2017 Cited By: 0 Coram: 1
14

...‘who have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof.’ Liability of the principal for the acts of an ostensible agent rests on the doctrine of ‘estoppel, ’ the essential elements of which are representations made by the principal, justifiable reliance by a third party, and a change of position from such reliance resulting in injury. [Citations.]” (Preis v. American Indemnity Co. (1990) 220 Cal.App.3d 752, 761 (Preis).) “To establish ostensible authority in...an agent, it must be shown the principal, intentionally or by want of ordinary care has caused or allowed a third person to believe the agent possesses such authority.” (Ibid; see also Civ. Code, §§ 2300, 2317.)          “Ostensible authority...(Pacific), appeal from a summary judgment entered in favor of an insurance broker, an insurance company, and the insurance company’s agent. The lawsuit is based on Pacific’s use of an excavation...


Court: California Court of Appeals
Date: May 27, 2011 Cited By: 0
15

..., sec. 2297), and it was therefore incumbent on the defendants to inquire as to the extent of his authority (1 Cal. Jur. 715, 744). The delivery of a deed to an agent for the limited purpose of putting it in escrow does not confer on the agent ostensible authority to...follows: "An assumption of authority to act as agent for another of itself challenges inquiry. Like a railroad crossing, it should be in itself a sign of danger and suggest the duty to `stop, look and..., is whether Searle had authority, as agent for plaintiffs, to deliver the deed. Such authority must have been either actual or ostensible. He had no actual authority, since he was instructed to effect...


Court: Supreme Court of California.In Bank.
Date: May 29, 1933 Cited By: 219
16

...by him." ([Cal.]Civ. Code, § 2300.) To establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care, has caused or allowed a third person to...representations made by its subcontractor to a third party if the subcontractor is an agent of such primary contractor. An agency is either actual or ostensible.... ([Cal.]Civ. Code, § 2298.) "An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed...


Court: United States Bankruptcy Court, W.D. Pennsylvania.
Date: Nov 10, 2005 Cited By: 20
17

...owner of or in authority over the Kuffel cherry crop. If it was not in authority, it was the ostensible agent of an undisclosed principal. There is no intimation that its management ever stated to.... Not only did Thompson hold himself out to the workers as foreman of the pickers for Yucaipa, but likewise did Yucaipa put Thompson in the position of one possessed of authority to act on behalf of.... PROCEEDING to review an order of the Industrial Accident Commission awarding damages for personal injuries. Award affirmed...


Court: Court of Appeal of California, Second District, Division Two.
Date: Oct 28, 1942 Cited By: 20 Coram: 1
18

...state a valid cause of action. 3. "Apparent authority" concerns the authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal, even though the principal did not confer or intend to confer the authority. It presupposes the existence of an agency relationship and concerns the authority of the agent. 4. In contrast, the term "apparent or ostensible agency..."apparent authority" of an agent. None of the cases actually addressed the issue of "apparent or ostensible agency." In the tort context, apparent agency has been mentioned only once in Virginia case...." Initially, we note the difference between the terms "apparent authority" and "apparent or ostensible agency." The former concerns the "[a]uthority that a third party reasonably believes an agent has...


Court: Supreme Court of Virginia.
Date: Sep 16, 2005 Cited By: 44 Coram: 1
19

.... Cal. Civ. Code § 2300. “To establish ostensible authority in an agent, it must be shown the principal, intentionally or by want of ordinary care, has caused or allowed a...ostensible agent rests on the doctrine of ‘estoppel,' whose essential elements are representations made by the principal, justifiable reliance by a third party, and a change of position from such reliance resulting in injury.” Id. “Ostensible authority must...California Insurance Code (“CIC”) section 1861.16(b). That statute provides that: “An agent or representative representing one or more insurers having common ownership or operating in California under...


Court: United States District Court, Northern District of California
Date: Oct 8, 2024 Cited By: 0 Coram: 1
20

...OSTENSIBLE AUTHORITY WHICH MAY BE CONFERRED UPON ATTORNEY. — Apparent authority in an agent is such authority as the principal knowingly permits the agent to assume or which he holds the agent out as...conduct, would naturally suppose the agent to possess; and the foregoing rule is applicable to the ostensible authority which may be conferred upon an attorney. 6. PRINCIPAL AGENT — DETERMINATION OF...statement about apparent authority: `Apparent authority in an agent is such authority as the principal knowingly permits the agent to assume or which he holds the...


Court: Court of Appeals of Arkansas
Date: Jan 20, 1982 Cited By: 33 Coram: 1

Cases cited for the legal proposition you have searched for.

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