Northern Assurance Co. v. J. J. Newman Lumber Co.

Citations

• 105 Miss. 688
• 63 So. 209

Syllabus

<p>1. INSURANCE. Brokers. Insured’s agent. Scope of agency. Cancellation. What constitutes.</p> <p>Where insured placed their insurance business entirely in the hands of their brokers, with the understanding, expressed or implied, that they would see to it that they had sufficient insurance at all times, and when it became necessary to cancel any policy, the brokers were expected to cancel, provided they secured other insurance to take its place, such insurance brokers, were the general agents of the insured in keeping their property insured and were therefore authorized to accept and agree upon cancellation.</p> <p>2. Insurance. Cancellation 6y agreement. What constitutes.</p> <p>Where the agent of insured telegraphed that the insured would not accept a proposed change in the rate and asked if the-policies would stand, to which the reply was that the insurance company demanded a higher rate, whereupon the insured’s agent wrote hack, that there was nothing to do hut cancel the policies, this was an agreement for the cancellation and relieved the insurance companies from giving notice that the policies had been cancelled.</p> <p>3. Appeal and Ebkob. Review. Construction of written documents.' Findings of chancellor.</p> <p>Where there is a conflict of evidence upon a material fact, the findings of the chancellor will not he disturbed on appeal; but when it becomes necessary for the supreme court to construe written documents, it will follow its own construction and not the chancellors.</p>