43 Minn. 177 | Minn. | 1890
The defendant, an Iowa corporation, but doing business in this state, had an agent at Faribault, whose general duties
The question is whether the company was bound by the act of the agent in waiving immediate payment of the premium, and giving plaintiff credit. The policy contains a provision that “no insurance shall be considered as binding until actual payment of the premium.” The same rules apply to-insurance companies as to any other case of agency. They are bound by all the acts of their agents within the scope of the real or apparent authority with which they have clothed them, and no farther; and it would seem well settled by the great weight of authority that, at least in the case of stock companies, a person dealing with an agent possessing the powers exercised by this agent has a right to assume, in the absence of notice to the contrary, that he has authority, pending negotiations for a contract of insurance, to waive a provision like the one quoted, and to give a short credit for the premium. But it is the undoubted right of the company, as in the case of any principal, to impose a limitation upon the authority of its agents. And it is as elementary as it is reasonable that if an agent exceeds his actual authority, and the person dealing with him has notice of that fact, the principal is not bound; and it is upon this proposition that defendant chiefly relies. There are two provisions in the policy to which he refers in support of his contention. The first is that “no officer, agent, or representative of the company, shall be held to have waived any of the terms or conditions of this poliey unless such waiver shall be indorsed thereon.” Following Lamberton v. Conn. Fire Ins. Co., 39
Order reversed.