Breeden v. Ætna Life Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. Lyman T. Bouci-ier, Judge. Action by James K. Breeden against the fEtna Life Insurance Company. From a judgment for plaintiff,' defendant appeals.
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Appeal from Circuit Court, Hughes County. Hon. Lyman T. Bouci-ier, Judge. Action by James K. Breeden against the fEtna Life Insurance Company. From a judgment for plaintiff,' defendant appeals. Soliciting agents Have no authority to bind the company by contract of insurance nor agents having only authority to countersign and deliver policies issued by the company can' waive the requirements in such policies as to notice and proofs. 19 Cyc. p. 858; Ostrander Fire Ins. >§ 227; Harrison v. Ins. Co., 59 Fed. 732; Knudson v. Ins. Co., 75 Wis. 198. If without valid reason the insured fails to…
1Opinion of the CourtMcCOY, J.
From the record in this case it appears that in March, 1904, the defendant, .¿Etna Fife Insurance Company, issued to plaintiff, James K. Breeden, its policy of accident insurance, and that thereafter while said policy was in force, on the nth day of November, 1904, the plaintiff met with an accident, being thrown from his buggy and injured, and rendering plaintiff wholly helpless for the space of eight weeks, from November 11, 1904, to January 6, 1905, and that from1 the 7th day of January; 1905, to July 7, 1905, plaintiff for a period of 26 weeks was partially disabled, and, under. the…
2Cases cited16 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mutual Benefit Health & Accident Ass'n v. BuntingSupreme Court of Florida · 1938
- Kremer v. American Family Mutual Insurance Co.South Dakota Supreme Court · 1993
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- Penn Mut. Life Ins. v. TiltonCourt of Appeals for the Tenth Circuit · 1936
- Montana A.F. Corp. v. Federal Surety Co.Montana Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.