Cochran v. National Casualty Co.

Plaintiff had verdict of a jury and judgment in suit on a health and accident insurance policy. Defendant contends the court should have directed a verdict in its favor. This being the only claim of error, the facts must be taken most favorably to plaintiff.

Clarence Wilfong, defendant’s agent to solicit policies and collect premiums, solicited plaintiff’s policy, which was issued January 30, 1928. He told plaintiff he would call for the premiums every month. He or his representative called at plaintiff’s home and collected premiums for over three years.

In May, 1929, plaintiff sustained a…