73 So. 117 | Ala. | 1916
“The acceptance by an insurance company, with knowledge of facts authorizing a forfeiture or avoidance of the policy, of premiums or assessments which were in no degree earned at the time of such forfeiture or avoidance, constitutes a waiver thereof. This waiver is based on the estoppel of the company to declare void and of no eifect insurance for which, with knowledge of the facts, full compensation has been received.” — Cooley’s Briefs on Insurance, pp. 2684, 2685, and cases there cited.
“In the absence of special stipulations restricting the power of agents, the knowledge of an agent having power to issue policies and collect premiums, followed by the acceptance of a premium, will be sufficient to amount to a waiver.” — Cooley’s Briefs on Insurance, p. 2696.
“The business of an insurance company is, of necessity, carried on by its officers and agents. The company and its agents and officers are, in law, one and the same as to all transactions within the scope of the authority of the officers and agents, and their acts are imputable to the company. As a general proposition, it may be said that knowledge of an agent of an insurance company, as to matters within the general scope of his authority, is the knowledge of the company, and it is bound thereby.— Cooley’s Briefs on Insurance, vol. 3, p. 2520.
We do not think that the conclusion reached by the trial court was erroneous, but think that it rendered the only judgment that was authorized by the pleading and proof.
There were many objections and exceptions to the rulings upon the evidence, and after a careful consideration of same we are of the opinion that the trial court committed no reversible error in this respect, but will refrain from a discussion of these
The judgment of the city court is affirmed.
Affirmed.