Georgia Life Ins. v. Mississippi Cent. R.

Citations

• 116 Miss. 114
• 76 So. 646

Syllabus

<p>Insurance. Indemnity policy. Offer and acceptance. Increased recovery.</p> <p>Where a policy of insurance indemnifying a railroad company against liability for personal injury suits, provided that the insurer would, at its own costs, investigate all accidents and defend all suits, and that when the insurer had the opportunity to settle the claim of any injured employee and failed to take advantage thereof it should become liable to an increased amount, provided that the offer of settlement was submitted to the insurer by the injured employee or his duty authorized representative, and an employee of insured was killed, and suit was brought against it by the administrator and also by the widow by his next friend and the widow made an offer of compromise to the railroad company, which was by it communicated to the insurer, but no offer was made by the administrator, or by the next fried, and recovery was had against the railroad company in an amount larger than that covered by the policy. In such case the offer of compromise not having been made by the duly authorized 'representative of the deceased employee, the insurer was powerless to accept it, was not liable to the insured in the increased amount over the face of the policy.</p>