Pfiester v. Missouri State Life Insurance

Citations

• 85 Kan. 97
• 116 P. 245
• 1911 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Solicitor Is Agent of Company, Not of Assured. An agent for a life insurance company whose authority is limited to negotiating for, taking and transmitting applications for the approval or rejection of the company is the agent of the company and not of a person whom he solicits to take insurance, and for those purposes he has all the power the company itself possesses.</p> <p>2. - Company Bound by Agreements of Agent. Agreements made between such an agent and a person whom he solicits to take insurance as to what the application shall contain are in legal effect made with the company and bind it as to the contents of the application.</p> <p>3. - Duty of Agent to Properly Prepare Application — Company Bound by Acts of Agent. It is the duty of such an agent to prepare the application of a person solicited to insure so that it will accurately and truthfully state the result of the negotiations, and the agent’s failure to do so is in legal effect the fault of the company.</p> <p>4. -Knowledge of Agent Knowledge of Company. If such an agent fail to write into the application an agreement which he has made with the applicant respecting the terms'of the insurance desired his knowledge of the agreement is in legal effect the knowledge of the company.</p> <p>5. - Acceptance and Retention of Initial Premium — Issuance of Policy — Binding Contract. If in the case .stated in paragraph 4 the company accept and approve the application, receive and retain the initial premium and issue the policy, a binding contract of insurance is effected according to the agreement.</p> <p>6. -Reformation of Policy — Parol Evidence — Varying Terms of Contract. In the case just stated the company can not, in an action brought for the .purpose, successfully oppose the right of the insured, or of the beneficiary after the death of the insured, to have the contract reformed according to the agreement, notwithstanding a provision in the application