People's Mutual Life, Accident & Health Insurance v. Powell
Supreme Court of Arkansas
Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; A failure of the minds of the parties to meet in any essential vitiates the contract. 5 L. R. A. (N. S.) 407. An agent cannot bind his company by a parol contract of insurance. 100 Ga. 330; 34 N. Y. S. 872; 87 Fed. 71; 20 Ind.
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Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; A failure of the minds of the parties to meet in any essential vitiates the contract. 5 L. R. A. (N. S.) 407. An agent cannot bind his company by a parol contract of insurance. 100 Ga. 330; 34 N. Y. S. 872; 87 Fed. 71; 20 Ind. App. 206; 66 U. S. 548. The burden was on appellee to show authority in Claiborne. 62 Ark. 33; 39 Atl. 910. Apparent authority is not sufficient. 49 W. Va. 437; 54 Ark. 75; 85 Ark. 345. A reformation will be decreed only where the evidence is clear and decisive. 71 Ark. 614; 75 Ark. 72. A contract of…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Worthy Powell, instituted this action in the chancery- court of Boone County against the People’s Mutual Life, Accident & Health Insurance Company to reform an alleged contract of accident .insurance and to recover an amount alleged to be due thereon by reason of an accident to plaintiff. He alleges that one of the defendant’s agents, W. C. Claiborne, solicited him to apply for a .policy in the company, and executed to him a binding slip or receipt putting said policy immediately into effect, and that said agent orally agreed with him that the contract should take effect on…
2Cases cited5 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Cooksey v. Mutual Life InsuranceSupreme Court of Arkansas · 1904
- American Insurance v. HornbargerSupreme Court of Arkansas · 1908
- American Insurance v. HamptonSupreme Court of Arkansas · 1890
- Agricultural Insurance v. FritzSupreme Court of New Jersey · 1897
3Cited by3 opinions
- National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
- American Insurance v. School District No. 23Supreme Court of Arkansas · 1930
- Mutual Life Insurance v. JordanSupreme Court of Arkansas · 1914