Insurance Co. of North America v. Baer

Citations

• 94 Kan. 777
• 147 P. 840
• 1915 Kan. LEXIS 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Issue — Not Relied upon in Trial Court — Will Not be Treated as an Issue on Appeal. A wrong judgment, whereby a plain- . tiff corporation was defeated in the trial court, will not be upheld in this court on the sole ground that the corporate existence of the plaintiff was not proved, when that corporate existence was not treated as one of the issues on trial, and such failure of proof is presented and is called to the attention ■ of the unsuccessful party for the first time in this court.</p> <p>2. Insurance Agent — Issuing Policy in Violation of Instructions —Agent Liable for Loss. An insurance agent who issues a . policy of insurance in violation of the instructions of his company is liable to the company for the amount of insurance paid and expenses incurred by the company on account of a loss under the policy.</p> <p>S. Same. An insurance agent can not defeat his liability to his . company for issuing a policy in violation of his instructions by showing that the company might have escaped liability on the policy by litigation.</p>