Eikelberger v. Insurance Co. of North America

Citations

• 107 Kan. 9
• 190 P. 611
• 1920 Kan. LEXIS 3

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Authority and Powers of a Local Agent of Fire Insurance Company. A license issued by the state insurance department to the local agent of an insurance company at the company’s request is merely a regulatory permit; but neither the license itself nor the statute concerning its issue has the effect of defining the agent’s powers to bind his company, nor do they change the general law of agency. His powers are merely those which his company expressly or impliedly confers upon him, according to the general law of principal and agent.</p> <p>2. Pire Insurance — Terms of Policy — Premium Note in Default — Lapse of Policy — Antidiscrimination Law. Where an insurance company contracts to carry the fire risk on property for a term of years, and the insured gives his promissory note to pay for .such insurance, and the insurance contract provides that the company shall not be liable for any loss or damage that may occur to the property while the note given for the premium remains in default, it is not a substantial violation of the antidiscrimination law, when a fire loss occurs during the default of the maker of the note and while the insurance is suspended, for the insurance company in denying its liability to offer to surrender the note in exchange for a surrender of the insurance policy, without claiming any portion of the insurance earned before the insured defaulted in the payment of his note.</p>