Nickell v. Phoenix Insurance
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) A local agent of an insurance company, whose duties are to fix rates, countersign policies and collect premiums, and who is not shown to be authorized to adjust or settle losses, has no power to waive the furnishing of proofs of loss. Wood on Ins. [1 Ed.], p. 730; Wood on Ins. [2 Ed.], secs. 429 and447; Ostrander on Ins.,, p. 556, sec. 256; May on Ins. [3 Ed.], secs. 138, 465; Boivlin v. Ins. Go., 36 Minn. 433; Bush v. Ins.
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Transferred from Kansas City Court of Appeals. (1) A local agent of an insurance company, whose duties are to fix rates, countersign policies and collect premiums, and who is not shown to be authorized to adjust or settle losses, has no power to waive the furnishing of proofs of loss. Wood on Ins. [1 Ed.], p. 730; Wood on Ins. [2 Ed.], secs. 429 and447; Ostrander on Ins.,, p. 556, sec. 256; May on Ins. [3 Ed.], secs. 138, 465; Boivlin v. Ins. Go., 36 Minn. 433; Bush v. Ins. Go., 63 N. Y. 531; Van Alien v. Ins. Go., 64 N. Y. 469; Smith v. Ins. Go., 60 Yt. 682; Harrison v. Ins. Go., 56 Eed.…
1Opinion of the CourtMarshall, J.
Defendant insured plaintiff’s property, in his photograph gallery at Marceline, Missouri, against loss or damage by fire, for one year, commencing April 20, 1894. William Taylor, who resided at Marceline, was the agent of defendant at that place, represented the company in making the contract, collecting the premiums and signed the policies. During the life of the policy, on September 13, 1894, the property was totally destroyed by fire. It is admitted that the property was worth "much more than the amount of the policy and no question was raised in the case as to the validity of the contract…
2Cases cited30 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
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3Cited by39 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
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