Stilp v. New York Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Outa-gamie county: Albert M. Spencer, Judge. Action upon a life insurance policy. The defense was that the application for the policy contained a provision that it should not take effect unless the first premium was paid and the policy delivered to the insured while he was in good health, and that as matter of fact the insured was seriously ill at that time, which fact was concealed from the company.
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Appeal from a judgment of the municipal court of Outa-gamie county: Albert M. Spencer, Judge. Action upon a life insurance policy. The defense was that the application for the policy contained a provision that it should not take effect unless the first premium was paid and the policy delivered to the insured while he was in good health, and that as matter of fact the insured was seriously ill at that time, which fact was concealed from the company. The action was tried before a jury, and at the close of the evidence a verdict for the plaintiff for the full amount of the policy was directed.…
1Opinion of the CourtWinslow, C. J.
Two very simple propositions govern this case and demonstrate the correctness of the judgment.
First. Under sec. 1977, Stats., a person who solicits insurance for an insurance company or collects the premium thereon is the agent of the company “to all intents and purposes,” i. e. he is in fact the company in the specific transactions named in the statute, and consequently, when he is doing any act necessary or proper in order to‘ fulfil his agency, *267his knowledge of the surrounding facts is the knowledge of the company.
Second. An insurance company receiving a premium and delivering a policy…
2Cases cited1 opinion
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
3Cited by4 opinions
- Jeske v. General Accident Fire & Life Assurance Corp.Wisconsin Supreme Court · 1957
- Sachs v. North American Life InsuranceWisconsin Supreme Court · 1930
- De Groot v. Mutual Life Insurance Co. of New YorkWisconsin Supreme Court · 1923
- Gould v. Pennsylvania Fire InsuranceWisconsin Supreme Court · 1921