Bergeron v. Pamlico Insurance & Banking Co.
Supreme Court of North Carolina
This was a civil action, tried at the Fall Term, 1891, of the Superior Court of Beaufort County, before Brown, J. One W. P. Baugham had been constituted agent of the defendant,at Washington, N. C. There was evidence tending to show that one Bragaw was employed as clerk in the office of Baugham and to solicit insurance, and that he did solicit the plaintiff to insure his house, which has been burned, and the loss of which gives rise to this action.
Read the full summary
This was a civil action, tried at the Fall Term, 1891, of the Superior Court of Beaufort County, before Brown, J. One W. P. Baugham had been constituted agent of the defendant,at Washington, N. C. There was evidence tending to show that one Bragaw was employed as clerk in the office of Baugham and to solicit insurance, and that he did solicit the plaintiff to insure his house, which has been burned, and the loss of which gives rise to this action. It was also in evidence that while he was soliciting the insurance, the plaintiff told Bragaw that the house belonged to him but was located on…
1Opinion of the CourtAvery, J.
having stated the case as above, proceeded : When the assured is guilty of no misrepresentation, wilful concealment or fraud, insurance companies are not allowed, after selecting and sending out agents to solicit business for the benefit of the corporation and receiving the premiums collected by them from the customer, to saddle upon him the blunders of such agents and make him pay the penalty by forfeiting his right of recovery. 1 May on Ins., § 131. “Facts material to the risk, made known to the agent (or a sub-agent entrusted with the business) before the policy is issued, are…
2Cases cited11 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Bennett v. Council Bluffs Ins.Supreme Court of Iowa · 1887
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- National Life and Acc. Ins. Co. v. MillerMississippi Supreme Court · 1985
- Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
- Springfield Fire Insurance v. PriceSupreme Court of Georgia · 1909
- Sands v. Bankers' Fire InsuranceSupreme Court of Virginia · 1937
13 more not listed; retrieve them via the Exa API.