Union Casualty & Surety Co. v. Bragg

Citations

• 63 Kan. 291
• 65 P. 272
• 1901 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Liee-imsuranoe Policy — Departure in Pleading. In an tion on an insurance policy, it was alleged in the petition that 1 insured had done and performed all of the requirements of i_ policy on his part. The condition required prompt payment of premiums as they became due. The insurance company answered, averring that the policy had lapsed by reason of a failure to pay the last premium. In reply, the plaintiff alleged that the company had waived such payment, and, further, that by its conduct it was estopped from claiming that the premium was not paid. Held, that the allegations of the reply constituted a departure from the averments of the petition. acfche the</p> <p>2. -Authority of Clerk of General Agent — Company Estopped. A clerk of the general agent of an accident insuranee company wrote to the insured that he (the clerk) had been charged with the last instalment of premium due from the insured on the policy, and requested a remittance of the same to him. In fact, the clerk had not paid the premium, but was liable to the company therefor by reason of his failure to deduct it from the amount of the indemnity paid to the insured, under the policy, as the result of a previous accident. After the insured had sustained another injury within the time limit of the policy, he was informed that the premium mentioned had not been charged to, or paid by, the clerk, and that his insurance had lapsed. Held, that the clerk had authority to give information of a thing which, if done, would bind the company, and that the insurance company cannot be heard to assert a forfeiture after a liability has arisen on the policy, when, by its course of dealing, it has induced the insured to believe that the premium was paid.</p>