Boyer v. State Farmers' Mutual Hail Insurance
Supreme Court of Kansas
Appeal from Jewell district court. STATEMENT. The plaintiff sued the defendant for damages occasioned by the negligence of its soliciting agent in not forwarding the plaintiff’s application for hail insurance promptly, in consequence of which the policy was not issued 'until after the property sought to be insured was destroyed. The court made the following findings of fact and conclusions of law: "findings of fact.
Read the full summary
Appeal from Jewell district court. STATEMENT. The plaintiff sued the defendant for damages occasioned by the negligence of its soliciting agent in not forwarding the plaintiff’s application for hail insurance promptly, in consequence of which the policy was not issued 'until after the property sought to be insured was destroyed. The court made the following findings of fact and conclusions of law: "findings of fact. “1. The defendant was at the time of the happenings mentioned below, a corporation existing under the laws of the State of Minnesota. “2. The defendant, W. P. Woody, was, at the…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J.:
The greater part of the brief for the defendant is devoted to arguments which relate to the agent’s lack of authority, under the restrictions placed upon him, to effect a contract of insurance, and to the necessity for an acceptance of the application as a condition precedent to the formation of a contract of insurance. Many authorities are cited upon these subjects, including those decisions which hold that unreasonable delay in acting upon an application does not constitute acceptance and does not warrant a presumption of acceptance. The…
2Cases cited1 opinion
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas · 1911
3Cited by40 opinions
- Duffie v. Bankers' Life Ass'nSupreme Court of Iowa · 1913
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Security Ins. Co. of New Haven v. CameronSupreme Court of Oklahoma · 1922
- State Farm Fire & Casualty Co. v. LiggettSupreme Court of Kansas · 1984
- Dyer v. Missouri State Life Insurance Co.Washington Supreme Court · 1925
35 more not listed; retrieve them via the Exa API.