National Union Fire Insurance v. School District No. 55
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; J. F. Gautney, Judge; STATEMENT BY THE COURT. On the 17th of February, 1913, R. H. McDermott, acting for the directors of School District No. 55 of Clay County, made a written application to the National Union Fire Insurance 'Company for a policy of insurance, covering the school 'building and its contents.
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Appeal from Clay Circuit Court, Eastern District; J. F. Gautney, Judge; STATEMENT BY THE COURT. On the 17th of February, 1913, R. H. McDermott, acting for the directors of School District No. 55 of Clay County, made a written application to the National Union Fire Insurance 'Company for a policy of insurance, covering the school 'building and its contents. Tbe application, together iwith twenty dollars in payment of the premium, was delivered to T. A. Wynne, soliciting agent of the company. The policy of insurance applied for was never delivered, and on the 6th of January, 1914, the building…
1Opinion of the Court
Wood, J.,
(¡after stating the facts). The court correctly instructed the jury that “there was no contract of insurance in this case.” The only issue presented by this appeal is whether or not an insurance company is liable for the negligence of its agent in failing to send to the company an application for insurance, where the only authority of the agent is to solicit applications for insurance, to deliver policies when issued, and to receive .and receipt for initial premiums.
■ When an agent acts within the scope of his authority, the principal is bound. Railway v. Ryan, 56 Ark. 247.
Now in the…
2Cases cited5 opinions
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