Legal Opinion

Springfield Fire & Marine Ins. v. Ferrell

Alabama Court of Appeals

Decided April 13, 1916Published

Appeal from Cullman Circuit Court. Heard before Hon. R. C. Brickell. Action by G. F. Ferrell against the Springfield Fire & Marine Insurance Company for a fire loss. Judgment for plaintiff and defendant appeals.

1Opinion of the CourtPelham, P. J.

An agent of the appellant insurance com-, pany took from the appellee an application for a, policy of fire insurance on the property of the appellee, who paid the agent a sum of money as the premium therefor. No policy was ever issued to the appellee, and he sued the company for the amount .so paid as a premium. The agent did not pay the premium to the company; it received no benefit therefrom, and had no knowledge that this policy had been applied for, or that the money *528was collected by the agent. The agent was authorized by the company to write policies and collect premiums, but his…

2Cases cited6 opinions

  1. Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
  2. Sun Ins. Office of London v. MitchellSupreme Court of Alabama · 1914
  3. Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900
  4. Security Mutual Life Insurance v. RileySupreme Court of Alabama · 1908
  5. Patterson v. NealSupreme Court of Alabama · 1902

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