...‘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...