Legal Opinion

Hartford Life & Annuity Insurance v. Hayden's Adm'r

Court of Appeals of Kentucky

Decided March 20, 1890PublishedCited by 14 opinions

Case 5 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. The local agent who effected the insurance was only a special agent, with limited powers, and had no authority to vary the terms of the contract of insurance, or to collect any but admission fees; and if lie exceeded his authority the company is not bound by his act.

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Case 5 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. The local agent who effected the insurance was only a special agent, with limited powers, and had no authority to vary the terms of the contract of insurance, or to collect any but admission fees; and if lie exceeded his authority the company is not bound by his act. (Crayoraft, &c., v. Selvage, &e., 10 Bush, 709; Ross’ Ex’r v. Davis’ Ex’r, 4 J. J. Mar.. 388; Dehart v. Wilson, 6 Mon., 578; Mitchell & Davis, Adm’rs, v. Sproul, 6 J. J. Mar., 264; Galbraith’s Adm’r v. Arlington Mut. Life Ins. Co., 12 Bush, 35.) 2. The State agent…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

April 4, 1887, D. W. Hayden made written application to the local agent, J. J. Pursley, for an insurance-upon his life, of not over four thousand dollars, in the Safety Fund Department of the Hartford Life and Annuity Insurance Company. It stipulated that if the insured should fail to make any-required payment, then the policy should be void, and that agents were authorized to collect “admission fees” only; all other payments to be made by the insured at the home office, in Hartford, Connecticut. April 18, 1887, the company issued the policy at its…

2Cases cited1 opinion

  1. Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881

3Cited by14 opinions

  1. Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1899
  2. Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
  3. Glens Falls Insurance Company v. ElliottCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
  5. Frost v. North British & Mercantile InsuranceSupreme Court of Vermont · 1905

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