Evans v. Central Life Insurance

Citations

• 87 Kan. 641
• 125 P. 86
• 1912 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Application — Misrepresentations of Soliciting Agent. One who signs an application for life insurance without reading it, upon the assurance of the soliciting agent that it conforms to representations orally made, and that such signing is customary but nob necessary, may refuse to accept a policy tendered him, on the ground that it does not meet such representations, notwithstanding the application contains a provision that no statement made by the solicitor would affect the rights of the company unless embodied in the written application.</p> <p>2. - Premium Note — Recovery. Where such applicant has been compelled to pay to an innocent holder a negotiable premium note given at the time of such application, he may recover from the company the amount so paid.</p> <p>3. Attorney’s Fee — Not Recoverable. In the absence of a statute allowing it, a successful plaintiff is not entitled to recover his attorney’s fee, even in an action for damages on account of the defendant’s fraud or malicious misconduct.</p> <p>4. -Same. A judgment purporting to be for the recovery of the plaintiff’s attorney’s fee can not be upheld on the theory that it was allowed as punitive damages, where the record shows that no issue as to the allowance, of punitive damages was presented or determined.</p>