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UNITED BENEFIT FIRE INSURANCE COMPANY v. EARL

No. 37440.

181 N.W.2d 841 (1970)

186 Neb. 175

UNITED BENEFIT FIRE INSURANCE COMPANY etc., Appellant, v. Max A. EARL, d/b/a Earl Insurance Agency, Appellee.

Supreme Court of Nebraska.

December 11, 1970.

Attorney(s) appearing for the Case

Craig F. Swoboda, Omaha, Thomas H. Dorwart, Lincoln, for appellant.

Lyle E. Strom, C. L. Robinson, Fitzgerald, Brown, Leahy, McGill & Strom, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

SMITH, Justice.

United Benefit Fire Insurance Company in involuntary liquidation sued Max A. Earl, its soliciting agent, on an account. The court instructed the jury to limit any recovery by United to earned premiums collected by Earl but not transmitted to United. Verdict went for Earl and United appeals. It contends that other items, especially financed premiums and unearned commissions, were held by Earl as its fiduciary...

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