Saucier v. Life & Casualty Ins.

Ethridge, J.,

delivered a dissenting opinion.

I dissent from the majority opinion herein, as I think it is clearly wrong in the construction of section 5196 of the Code of 1930, and in overruling certain cases named in the opinion.

A careful reading of section 5196 shows that a person who does the things named in the statute on behalf of the insurance company is the agent of the company for that purpose, although not a general agent. The knowledge of the agent and his acts on behalf of the company, are the acts of the insurance company itself, or of its principal officers, or even of the board…