Wehsner v. Kansas City Life Insurance
North Dakota Supreme Court
Appeal from the District Court of Hettiuger County, Lemblce, J. A directed verdict should be given when the prima facie case has been completely destroyed by unimpeached and uncontradicted documentary evidence. Kazee v. Kansas City L. Ins.
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Appeal from the District Court of Hettiuger County, Lemblce, J. A directed verdict should be given when the prima facie case has been completely destroyed by unimpeached and uncontradicted documentary evidence. Kazee v. Kansas City L. Ins. Co. 217 S. W. 341; Automobile Co. v. St. Louis Union, 187 S. W. 109; Darlington Lumber Co. v. Missouri P. E. Co. 243 Mo. 224, 147 S. W. 1052. Soliciting or collecting agents have no authority to vary or modify contracts of insurance, to waive conditions thereof, or to extend timé for the payment of premiums, other than the first premium. Fidelity Mut. L.…
1DissentBronson, J.
I dissent. The record in this case is not free from doubt. The majority opinion has concluded, as a matter of law, that the record clearly discloses that only the first annual premium was ever paid by the insured, and that this was paid after the policy had lapsed; that the record does not disclose that the agents had any authority to extend the payment of the second premium, contrary to the express pro*638visions of the policy. Upon the issues, the material questions involved were the payment and acceptance of the second annual premium and the continuance of the policy in force, through waiver…
2Cases cited10 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- McDonald v. Equitable Life Assurance Society of the United StatesSupreme Court of Iowa · 1918
- Noem v. Equitable Life Insurance Co. of IowaSouth Dakota Supreme Court · 1916
- State Bank v. Bismarck Elevator & Investment Co.North Dakota Supreme Court · 1915
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