L. J. Arguimbau & Co. v. Germania Insurance

Citations

• 106 La. 139

Syllabus

<p>Syllabus.</p> <p>1. Where suit is brought upon a policy of insurance which has a printed condition, or warranty, attached upon the face of it, and it is claimed by the plaintiff that such condition, or warranty, was eliminated when the contract was made, by reason of a verbal statement of the agent of the company to the effect that the company would give no trouble about ft; but the condition was, nevertheless, allowed to remain in the contract, to the knowledge of the assured, who fully understood its meaning and legitimate effect, testimony going to show such verbal statement should be excluded on the objection that it tends to vary and contradict a written instrument.</p> <p>2. It is not a question, in such a case, of the authority of the agent, but a question of the right of a party to a contract, which'has been reduced to writing, without attempting to reform such contract and without charging error or fraud, to substitute in place thereof a verbal agreement of which the written contract, with some of its provisions eliminated, is said to be a part.</p> <p>3. The secretary of an insurance company cannot bind the company for a loss which has occurred, but for which the company is not otherwise liable.</p>