Provident Sav. Life Assurance Soc. v. Withers
Court of Appeals of Kentucky
Appeal from Franklin Circuit Court. R. L. Stout, Judge. Judgment for plaintiff, defendant appeals. POINTS. 1. The Agent Johnson had no power to bind the Provident Savings to any contract of insurance as it was. not within his real or apparent scope of authority. 2. The paper “Exhibit A” is not binding on the company, and was superseded by the policies issued which constitute the only contract between the parties. 3. No reform of the contract can be had as the requisite…
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Appeal from Franklin Circuit Court. R. L. Stout, Judge. Judgment for plaintiff, defendant appeals. POINTS. 1. The Agent Johnson had no power to bind the Provident Savings to any contract of insurance as it was. not within his real or apparent scope of authority. 2. The paper “Exhibit A” is not binding on the company, and was superseded by the policies issued which constitute the only contract between the parties. 3. No reform of the contract can be had as the requisite elements to the granting of that relief are absent. 4. The alleged contract tor exchange of the policies is void because the…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
In the year 1889 James Withers took out two policies in the Provident Saving Life Assurance Society insuring his life in the sum of $8,000, on which he paid a premium which increased each year rising from $181.87 in 1889 to $321 in 1894. He then exchanged these policies for two upon the five-year renewable term plan at a premium of $392 annually for the first five years ending in 1899. When that period was nearly over, seeing that he would have a larger premium to pay for the next five years and thereafter an ever increasing premium, he desired' to…
2Cases cited4 opinions
- Metropolitan Life Insurance v. MooreCourt of Appeals of Kentucky · 1904
- Provident Sav. Life Assur. So. v. Puryear's Admr.Court of Appeals of Kentucky · 1900
- Manhattan Life Ins. v. MyersCourt of Appeals of Kentucky · 1900
- American Guild v. WyattCourt of Appeals of Kentucky · 1907
3Cited by12 opinions
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917
- Mason v. CookCourt of Appeals of Kentucky · 1919
- Provident Savings Life Assurance Society v. ShearerCourt of Appeals of Kentucky · 1912
- Reager's Administratrix v. Pennsylvania Co.Court of Appeals of Kentucky · 1916
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