South Bend Toy Manufacturing Co. v. Dakota Fire & Marine Insurance

Citations

• 2 S.D. 17
• 48 N.W. 310
• 1891 S.D. LEXIS 3

Syllabus

<p>1. A stipulation in an insurance policy that any person other than the insured or the duly authorized agent of the company who may have procured the insurance to be taken shall be deemed the ag’ent of the insured, will not be binding upon the insured as to any act prior to the delivery of the policy, unless notice has been given the insured before the negotiations for the policy are completed that such a stipulation will be inserted therein.</p> <p>2. When the plaintiff — a corporation doing business at South Bend, Ind.,— is notified by H. Bros., local insurance agents of that city, Who have attended to the business of placing insurance for the plaintiff, that a policy is about to expire, and the insured consents to a renewal of the policy, the plaintiff does not thereby make H. Bros, its agents to obtain for it an insurance policy, where they, instead of placing the insurance in some company represented by them, apply to a firm of insurance agents in another state for such insurance.</p> <p>3.- R. & Co., insurance agents at Newport, .Ky., were applied to by H. Bros., insurance agents at South Bend, Ind., for a policy on the property of the plaintiff, and the last name firm, having no company represented by them in which to place the insurance, applied to P., general agent of the defendant at New Orleans, for a policy, and forwarded to him a written application, signed by them in their firm name of R. & Co., in which are contained certain representations which by the terms of the policy, are made warranties, and which representations were untrue as to two material facts therein stated. Held, that R. & Co. were not the agent of plaintiff in procuring said policy, and that they were not authorized to make an application in writing binding the plaintiff to the truth of such representations.</p> <p>4. P., as the general agent of the defendant, issued to the plaintiff a policy upon the application of R. & Co., and signed by them in their firm name, without requiring a