111 S.W.2d 561 | Ark. | 1937
Appellant is a foreign fire insurance company with authority to transact business in Arkansas. It is represented in Little Rock by W. E. Livingston as its agent with authority to issue policies for fire, lightning and tornado insurance in Little Rock and vicinity. On or about February 1, 1937, the Livingston agency, acting through his employee, H. A. Taylor, executed and delivered appellant's policy to appellees insuring them against loss or damage by fire, windstorm cyclone or tornado on certain property, real and personal, near Benton in Saline county. Thereafter, on March 18, 1937, a loss occurred under said policy. Due notice was given the company of the loss, payment was refused and this suit followed. Trial before the court, sitting as a jury, resulted in a judgment against appellant in the sum of $3,000. The case is here on appeal.
The policy in question was countersigned by H. A. Taylor, agent, instead of signing W. E. Livingston, agent, by H. A. Taylor. It is undisputed that Taylor was not the agent of appellant. But he was the employee and agent of Livingston, who was appellant's general *202
special agent, that is, an agent with power and authority to issue policies for appellant, a number of which he had in his possession. The contract was introduced, over appellant's objection and exceptions, between Livingston and Taylor, the effect of which was to make Taylor Livingston's agent or employee in the handling of Livingston's insurance business, and we are of the opinion that the act of Taylor in issuing the policy in question was the act of Livingston. Appellant would hardly contend that Livingston himself, had no authority to issue the policy in question and bind appellant on the risk covered in this case. So if Livingston could issue the policy, certainly his employee could solicit the business and issue the policy for Livingston. We have many times held that where a local agent has power to effect insurance, countersign policies and collect premiums, he has also prima facie power to waive proof of loss. Citizens' Fire Insurance v. Lord,
We find no error, and the judgment is accordingly affirmed.