American Central Insurance v. Burkert

Citations

• 11 Pa. Super. 427
• 1899 Pa. Super. LEXIS 152

Syllabus

<p>Bond of insurance agent — Surety's liability.</p> <p>The wilful and intentional failure of an insurance agent to perform duties, devolved upon him by the orders and instructions of the company, which failure imposed upon the company a liability under a policy, which the agent had been ordered to cancel, involves a forfeiture of a bond conditioned for faithful performance of all duties involving on such agent by any by-laws, rule, instruction or order of the company.</p> <p>Principal and surety — Agent's neglect of duty.</p> <p>The agent being intrusted with the adjustment of a loss on a policy which he had disobediently failed to cancel, it is no defense to the surety’s liability that the company compromised the claim which had become non-collectible if the agent neglected promptly to advise the company of any failure upon the part of the assured to observe conditions which involved a forfeiture of the claim.</p>