Harding v. Norwich Union Fire Ins Society

Citations

• 10 S.D. 64
• 71 N.W. 755
• 1897 S.D. LEXIS 14

Syllabus

<p>1. Comp. Laws, §{j 5126, 4142, declaring that “information of the nature or amount of the interest of one insured need not be communicated unless in answer to inquiries.” except that the policy must specify the interest of the insured if he is not absolute owner etc., does not apply to a chattel mortgage; and a clause avoiding a policy in case the property is so incumbered is not waived by the insurer’s neglect to make inquires.</p> <p>2. One authorized to accept proposals for insurance in a particular vicinity, to fix rates, to receive moneys, and to countersign, issue, renew, and give written consent to the transfer of policies signed by the resident manager of a foreign insurance company, is a general agent.</p> <p>3. The general agent of an insurance company may, without the knowledge of his principal, employ a soliciting agent, whose waiver of a condition in the policy against incumbrances will bind the company.</p> <p>4. In a suit of an insurance policy, the pleadings showed that, after loss and before suit, execution issued on,a judgment against plaintiff; that the sheriff served notice of levy on defendant for any sum it might owe plaintiff; and that defendant made a statement to the sheriff denying any indebtedness. Held, that plaintiff’s judgment creditors were not necessary parties.</p> <p>5. Under Comp. Laws, l 5052, the jury should not be allowed to take the pleadings with them on retiring for deliberation.</p>