Banks v. Clover Leaf Casualty Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —lion. George E. Shields, Judge. (1) An application to be insured is no more than a proposition to the insurance company for' insurance and necessarily must be accepted before there can be a binding contract. Rhodus v. Kansas City Life Ins. Co., 156 Mo. App. 281. (2) ' A mere soliciting agent cannot make a contract of insurance, whether oral or written, binding upon the company which he represents.
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Appeal from the Circuit Court of the City of St. Louis. —lion. George E. Shields, Judge. (1) An application to be insured is no more than a proposition to the insurance company for' insurance and necessarily must be accepted before there can be a binding contract. Rhodus v. Kansas City Life Ins. Co., 156 Mo. App. 281. (2) ' A mere soliciting agent cannot make a contract of insurance, whether oral or written, binding upon the company which he represents. Therefore appellant’s soliciting* agent who took respondent’s application for the written policy sued upon could not have made an oral…
1Opinion of the Court
This is an action on an accident policy issued by the appellant to the respondent. A trial by jury was had in the circuit court of the city of St. Louis, which resulted in a verdict in favor of the respondent. From a judgment on that verdict appellant appeals.
The petition alleged "that the defendant on or about the 31stday of December, 1916, in consideration of the payment of policy fee and premium of two dollars, paid by said B.B. Banks to defendant, and of a premium of two dollars to be paid on or before the first day of each month thereafter by said B.B. Banks, entered into a contract of…
2Cases cited12 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- National Union Fire Ins. Co. v. PatrickCourt of Appeals of Texas · 1917
- Beswick v. National Casualty Co.Missouri Court of Appeals · 1920
- Schuler v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dickinson v. Bankers Life & Casualty CompanyMissouri Court of Appeals · 1955
- Baker v. St. Paul Fire & Marine Insurance CompanyMissouri Court of Appeals · 1968
- Ash-Grove Lime & Portland Cement Co. v. Southern Surety Co.Missouri Court of Appeals · 1931
- Beaty v. Southland Life Ins. Co.Court of Appeals of Texas · 1930
- American Surety Company of New York v. Price B. Williford and Duren N. Sleyster, D/B/A Quick-Way Construction Company and Quick-Way Excavating CompanyCourt of Appeals for the Eighth Circuit · 1957
11 more not listed; retrieve them via the Exa API.