Lombard v. Columbia Nat. Life Ins.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by John F. Lombard against the Columbia National Life Insurance Company. Judgment for plaintiff. Defendant appeals. appellant’s points "It is impossible to lay down any inflexible rule by which it can be determined what evidence shall be sufficient to establish agency in any given case. That is a question which must be determined in view of the facts in each particular ease.
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Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by John F. Lombard against the Columbia National Life Insurance Company. Judgment for plaintiff. Defendant appeals. appellant’s points "It is impossible to lay down any inflexible rule by which it can be determined what evidence shall be sufficient to establish agency in any given case. That is a question which must be determined in view of the facts in each particular ease. Whatever form of proof is relied upon, however, must have a tendency to prove agency, and must be sufficient in probative force to establish it…
1Opinion of the CourtGideon, J.
The plaintiff brings this action to recover from defendant the amount of an insurance policy issued upon the life of plaintiff’s brother, Joseph Lombard.
*557It appears from the record that on the 5th day of December, 1914, at Firth, Idaho, the deceased made application to the defendant for a life insurance policy. After answering the questions contained in such application and passing the physical examination required, the insured paid one C. F. Girard, soliciting agent, the first or annual premium of $83.78, and received from such soliciting agent a receipt signed by the secretary of the…
2Cases cited2 opinions
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Madsen v. Utah Light & Railway Co.Utah Supreme Court · 1909
3Cited by3 opinions
- Moore v. Prudential Insurance Company of AmericaUtah Supreme Court · 1971
- Manufacturers Life Insurance Co. v. Von Hamm-YoungHawaii Supreme Court · 1937
- Salt Lake Inv. Co. v. StouttUtah Supreme Court · 1919