Pomeroy v. Rocky Mountain Ins. & Sav. Inst.
Supreme Court of Colorado
Error to District Court of Arapahoe County. The complaint in this case avers: That the Rocky Mountain Insurance & Savings Institution is a corporation existing under and by virtue of the laws of the state of Colorado, and was such corporation on and prior to the 20th day of April, 1878; that on said day said corporation, being authorized by law to •do a life insurance business in said state, and to write policies or certificates for that purpose, and issue the same, did, by…
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Error to District Court of Arapahoe County. The complaint in this case avers: That the Rocky Mountain Insurance & Savings Institution is a corporation existing under and by virtue of the laws of the state of Colorado, and was such corporation on and prior to the 20th day of April, 1878; that on said day said corporation, being authorized by law to •do a life insurance business in said state, and to write policies or certificates for that purpose, and issue the same, did, by B. F. Johnson, its president, and W. L. McCauley, its assistant secretary, they being duly authorized, issue under its…
1Opinion of the CourtElbert, J.
Johnson was the president and general manager of the defendant company, and had charge of its home office, at Denver, with full power to write insurance and to represent the company. The company is bound by his acts in issuing the policy of insurance, in permitting its renewal and assignment, and in receiving the back dues necessary to its renewal, and the premiums thereafter becoming due. Bliss, Life Ins. § 278; Whart. Ag. § 202; Wood, Fire Ins. §§ 383, 391. His knowledge touching the condition of health of the insured must be regarded as the knowledge of the company. Story, Ag. § 140;…
2Cases cited18 opinions
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Insurance Company v. McCainSupreme Court of the United States · 1878
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Wade v. Olinger Life InsuranceSupreme Court of Colorado · 1977
- Merchants' Mutual Fire Insurance v. HarrisSupreme Court of Colorado · 1911
- American National Insurance Company v. CooperSupreme Court of Colorado · 1969
- The Farmers & Bankers Life Insurance Company v. William J. Allingham and Mrs. William J. Allingham, A/K/A Betty Ann AllinghamCourt of Appeals for the Tenth Circuit · 1972
2 more not listed; retrieve them via the Exa API.