Stearns v. Merchants' Life & Casualty Co.
North Dakota Supreme Court
Action on an accident insurance policy. Appeal from tbe county court of Ward county, Honorable William Murray, Judge. Judgment for defendant. Plaintiff appeals. An agent of an accident insurance company who is authorized to accept applications for such insurance and to receive payment of premiums acts as the agent of the company in so doing, and not as agent of the insured.
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Action on an accident insurance policy. Appeal from tbe county court of Ward county, Honorable William Murray, Judge. Judgment for defendant. Plaintiff appeals. An agent of an accident insurance company who is authorized to accept applications for such insurance and to receive payment of premiums acts as the agent of the company in so doing, and not as agent of the insured. If he fails to remit in accordance with the application, but does so later, and a policy is issued to the insured, but insured is injured before, the issuance of policy, and policy is issued by company without knowledge of…
1Opinion of the Court
Bruce, Ch. L.
This is an action to recover on an accident insurance policy, and the appeal is by the plaintiff from a judgment entered against him upon a directed verdict.
*528On October 2, 1911, the plaintiff paid a policy fee and premium to a duly authorized agent of the company, and obtained the following receipt:
Deceived of Arthur Stearns an application for a policy in the Merchant’s Life & Casualty Company, and the sum of $5 being payment in advance to carry policy so applied for to December 1, 1911.
Signed, F. P. Francis.
It is expressly agreed, that should said company decline to issue a…
2Cases cited4 opinions
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas · 1911
- Duffie v. Bankers' Life Ass'nSupreme Court of Iowa · 1913
- Boyer v. State Farmers' Mutual Hail InsuranceSupreme Court of Kansas · 1912
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
3Cited by10 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Dyer v. Missouri State Life Insurance Co.Washington Supreme Court · 1925
- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
- Reishus v. Implement Dealers Mutual Insurance Co.North Dakota Supreme Court · 1962
- National Farmers Union Property & Casualty Co. v. MichaelsonNorth Dakota Supreme Court · 1961
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