An agent is then entitled to reimbursement and indemnity from the company for expenses, losses, and liabilities incurred on behalf of the principal. Hollandale Mktg. Ass'n v. Goemat, 245 Minn. 154, 161, 72 N.W.2d 376, 380 (1955). Here, counsel for West Bend conceded that Cleary, in placing insurance coverage for Goebel, acted as West Bend's agent (making no claim before this court or the district court that Cleary acted as Goebel's broker).
36 Cal.Rptr. at 744, 389 P.2d at 136. See also Differential Steel Car Co. v. MacDonald, 180 F.2d 260, 270 (6th Cir. 1950); Hollandale Marketing Ass'n v. Goemat, 245 Minn. 154, 72 N.W.2d 376, 380 (1955). The cases which appellant would have us rely on, In Re Lathrop, Haskins Co., 216 F. 102, 104-06 (2nd Cir. 1914); First Mid America, Inc. v. Palmer, 197 Neb. 224, 248 N.W.2d 30, 33-35 (1976), are not apposite.
Also, it appears that Norwest Mortgage is to be compensated by Norwest Bank for any loss Norwest Mortgage incurred within the scope of its agency. Hollandale Mktg. Ass'n v. Goemat, 245 Minn. 154, 161, 72 N.W.2d 376, 380 (1955). Even if the lack of privity argument were accepted, Norwest Mortgage was not harmed by any failure to dismiss it.