Franklin Life Insurance Company v. Rogers

GRISSOM, Chief Justice.

Rogers was the agent of Franklin Life Insurance Company for the purpose of soliciting applications for insurance. They had a written contract which provided for payment of commissions to Rogers. Section 23 provided that if Franklin should be sued because of an “alleged” act of Rogers all expense of such a suit should be paid by Rogers. Rogers sold policies to John M. Faggard. Faggard sued Rogers and Franklin Insurance Company to cancel the policies and recover the premiums paid because of an alleged misrepresentation by Rogers. A jury found that Rogers had represented…