Despain v. Pacific Mutual Life Insurance

Citations

• 81 Kan. 722
• 106 P. 1027
• 1910 Kan. LEXIS 421

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Representations by the Applicant — Waiver—Authority of Agent. An agent for an accident-insurance corporation who has authority to solicit insurance, take applications, and countersign and issue policies therefor, binds the company by any waiver of any representation in the application which is within the ordinary scope of insurance business and not known by the assured to be outside of the authority granted to the agent.</p> <p>2. -Presumptions — Waiver—Notice to Principal. When an applicant for insurance tells such an agent facts which are contradictory to statements contained in the application, which application the agent procured the applicant to sign knowing that he had not read the same and that his attention had not been called to such statements, the agent may and will be presumed to have waived the statements in the printed application on behalf of the company, and the company will be presumed to have known all the facts communicated to such agent during the transaction and relating thereto; and this notwithstanding the application contains a restriction upon the authority of the agent to make such waiver, the applicant being ignorant of such restriction, at least until after the policy was issued and securities were taken for the payment of the premium.</p>