132 Ga. 687 | Ga. | 1909
This is a suit by L. S. Price against the Springfield Eire & Marine Insurance Company, to recover damages sustained by reason of the destruction of two certain buildings described in a policy of insurance issued by the defendant to the plaintiff. The petition contained an equitable feature, in that it sought to reform the policy in case the court should hold that the pleaded facts required reformation of the contract as essential to recovery. The defendant demurred generally and specially; the plaintiff amended to meet the special demurrers, and the court, overruled the general demurrer. The case resulted in a verdict for the plaintiff. The court refused a new trial, and the defendant excepted to each of the rulings stated.
It is well settled that an agent who is supplied by the insurer with blank policies properly signed by the company, and who is-authorized to fill up, countersign, and deliver policies to applicants for insurance, is a general agent of the insurance company in the matter of soliciting and accepting risks. Continental Ins. Co. v. Ruckman, 127 Ill. 364 (20 N. E. 77, 11 Am. St. R. 121); May on Ins. §126; 1 Cooley’s Briefs on Ins. 347; Jesse French Piano Co. v. Cardwell, 114 Ga. 340 (40 S. E. 292). So that the practical question is, whether knowledge of facts material to the risk acquired by the soliciting agent in the employment of
What has been said above covers the various assignments of error on the part of the defendant. We are therefore of' opinion that the court did not err in any' of the rulings complained of.
Judgment affirmed.