City of Lake Charles v. Equitable Life Assur. Soc.

Citations

• 114 La. 836
• 38 So. 578
• 1905 La. LEXIS 549

Syllabus

<p>INSURANCE— CONTRACT — AGENTS—LICENSE— FOREIGN COMPANIES.</p> <p>1. The contract of insurance is completed at the place where the policy is delivered and the first premium collected.</p> <p>2. A person who is obligated to solicit insurance for a particular company, and to abstain from soliciting insurance for any other company, is an agent, and not a broker.</p> <p>3. Where the functions of such a person consist in soliciting the insurance, receiving the application for insurance, forwarding same, receiving in return the policy, and delivering same and collecting the first premium, he must be held to be an agent, and not a mere drummer, in the ordinary sense of that term.</p> <p>4. The operations of such an agent constitute a “doing and conducting of an insurance business,” within the terms of an ordinance levying a license for the doing and conducting of an insurance business through an agency, of whatsoever kind.</p> <p>5. A separate license may be exacted of a foreign insurance _ company by every municipality within whose limits it does and conducts an insurance business.</p> <p>6. And such company will not be relieved from the liability for such license by proof that it has already paid to the city of New Orleans a license predicated upon the business done by it throughout the state. Payment to a person other than the creditor does not extinguish the debt.</p> <p>(Syllabus by the Court.)</p>