Sadler v. Mobile Life Insurance

Citations

• 60 Miss. 391

Syllabus

<p>1. Insurance. Foreign company. Service of process.</p> <p>Under Code 1880, sects. 1073, 1085, and 1087, a foreign insurance company cannot carry on business in this State without an agent on whom process can be served; but any person, who, for another than himself, collects or remits premiums due to the company is fixed with the character of its agent for service of process.</p> <p>2. Same. Agent. Volunteer. Ratification.</p> <p>An insurance company is not bound, under Code 1880, sect. 1085, by acts of a volunteer, whom it disowns, and whose services it declines, but is bound if it accepts the fruits of his act; and, a fortiori, if it authorizes a person to act, it is bound by service of process on such agent.</p> <p>3. Same. Agency. Brokerage. “Assured’s agent.”</p> <p>The intent of that clause of sect. 1085 which provides that “ whether any such acts shall be done at the instance or request, or by the employment of such insurance company, or of, or by any broker or other person, shall be held to be the agent of the company,” was to guard against the device of the person doing the act pretending to be the agent of the assured, or some broker, or other person or corporation than the insurance company.</p>