Liverpool & London & Globe Ins. v. Hinton

Citations

• 116 Miss. 754
• 77 So. 652

Syllabus

<p>1. Insurance. Renewal contracts. Presumptions.</p> <p>A. court of equity will compel the issuance and delivery of an insurance policy after loss, where there has been a valid agreement for one before the loss and will enforce its payment as if made in advance and this will be done though the contract was by parol.</p> <p>2. Same.</p> <p>Where an authorized agent of an insurance company oí ally agreed to renew a policy, but nothing was said about any change in its terms or the amount of the premium the terms of the new policy will be presumed to be the same as those in the old policy.</p> <p>3. Insurance. Renewal. Terms.</p> <p>Where there had been a change in the partners of an insurance agency, since the issuance of an original policy — but the agent who actually wrote the policy continued as a member of the firm in such case the insurance agency was fully advised as to to the old policy when it agreed to a renewal thereof and such renewal policy in the absence of agreement to the contrary will be without change of conditions and upon the same terms as the original policy.</p> <p>4. Insurance. Agents. Authority. Acts of company.</p> <p>An agent who has authority to issue policies of fire insurance stands in the stead of the company, and his acts and declarations with reference thereto are the acts and declarations of the company, and the company is bound thereby.</p> <p>5. Insurance. Renewals. Premiums. Time due. Waiver.</p> <p>Where an insurance agency had not required advanced payments of premiums on two policies taken out previously by plaintiff, and he agreed orally for a renewal of one of them with a member of the agency who failed to demand payment of the premium at othe time, and it was the custom' of such agency to keep books and charge premiums for insurance and collect them when they desired. In such case by not demanding the premium when they agreed to renew the policy and by the course of dealing between the agency and plaintiff, the right to demand