Continental Life Ins. Co. v. Chamberlain - 132 U.S. 304 (1889)


U.S. Supreme Court

Continental Life Ins. Co. v. Chamberlain, 132 U.S. 304 (1889)

Continental Life Insurance Company v. Chamberlain

No. 100

Submitted November 13, 1889

Decided November 25, 1889

132 U.S. 304

Syllabus

In Iowa it is provided by statute that

"any person who shall hereafter solicit insurance or procure applications therefor shall be held to be the soliciting agent of the insurance company or association issuing a policy on such application, or on a renewal thereof, anything in the application or policy to the contrary notwithstanding."

Held:

(1) That a person procuring an application for life insurance in that state became by the force of the statute the agent of the company in that act, and could not be converted into the agent of the assured by any provision in the application.

(2) That, if he filled up the application (which he was not bound to do) or made representations or gave advice as to the character of the answers to be given by the applicant, his acts in these respects were the acts of the insurer.

Page 132 U. S. 305

(3) That a "provision and requirement" (printed on the back of the policy issued on the application) that none of its terms could be modified or forfeitures waived except by an agreement in writing signed by the president or secretary, "whose authority for this purpose will not be delegated," did not change the relation established by the statute of Iowa between the solicitor and

The case is stated in the opinion.



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