Sutherland v. Federal Insurance
Mississippi Supreme Court
From the circuit court of Forrest county. Hon. William H. Cook, Judge. Sutherland, appellant, was plaintiff in the court below; the insurance company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court.
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From the circuit court of Forrest county. Hon. William H. Cook, Judge. Sutherland, appellant, was plaintiff in the court below; the insurance company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., were as follows: “Appellant, Sutherland, through his agent, Epley, insured a dwelling owned by him in the Federal Insurance Company, the appellee, for $2,000, which was destroyed by fire, and Sutherland sued the insurance company for the amount of'the policy. At the conclusion of the testimony the…
1Opinion of the Court
Anderson, J., after stating the facte as above, delivered the opinion of the court.
If McLeod & Q-unter continued as the agents of the Federal ■Insurance Company up to the time of the fire, so far as the policy in question is concerned, their agreement to renew the vacancy permit was binding on the company, and the case stands as if renewed and in force when the fire occurred. “An insurance agent, clothed with authority to- make contracts of insurance, or to issue policies, stands in the stead of the company to the assured. His acts and declarations in reference to such business are the acts…
2Cases cited3 opinions
- Wilson v. Commercial Union Assurance Co.Supreme Court of South Carolina · 1898
- Joseph Baum & Co. v. CovertMississippi Supreme Court · 1884
- Mississippi Fire Ass'n v. SteinMississippi Supreme Court · 1906
3Cited by5 opinions
- Hall v. Union Indemnity Co.Court of Appeals for the Eighth Circuit · 1932
- Camden Fire Ins. Ass'n. v. KochMississippi Supreme Court · 1953
- &198tna Ins. Co. v. LesterMississippi Supreme Court · 1934
- Hewett-Williams & Williams Const. Co. v. Capital Fire Ins. Co. Of CaliforniaCourt of Appeals for the Fifth Circuit · 1951
- Travelers' Fire Ins. v. PriceMississippi Supreme Court · 1934