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National Live Stock Ins. Co. vs. Owens et al. (Ind. A. C.).
National Surety Co. vs. Breuchaud (N. Y. S. C.)...

674

363

National Surety Co. vs. Farmers' State Bank of Sparks (Ga. S. C.)... 473
National Union Fire Ins. Co. of Pittsburgh vs. Dickinson et al. (Wash.
S. C.)

New Era Ass'n vs. Kuyat et al. (Mich. S. C.).

New Jersey Fire Ins. Co. vs. Baird et al. (Tex. C. C. A.)

Newport Benev. Burial Ass'n vs. Clay, Ins. Com'r (Ky. C. A.).

Niagara Fire Ins. Co. vs. Layne (Ky. C. A.).

428

Ohio Farmers' Ins. Co. vs. Williams (Ind. A. C.)

Oklahoma Tribe No. 26, Improved Order of Red Men vs. Musgrove
(Del. S. C.)..

99

178

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Tainter vs. Central States Life Ins. Co. (Kan. City [Mo.] C. A.)
Terminal Ice & Power Co. vs. American Fire Ins. Co. (Kansas City
[Mo.] C. A.)

24

419

Third Nat. Bank of Columbus vs. American Bonding Co. of Baltimore
(Ga. S. C.)...

159

Third Nat. Bank of Columbus vs. Fidelity & Deposit Co. of Maryland
(Ga. S. C.)....

158

Tilley vs. Camden Fire Ins. Ass'n.-In re Tilley (La. S. C.)
Tromblee vs. North American Acc. Ins. Co. (N, Y. S. C.)

654

134

Tuite vs. Supreme Forest Woodmen Circle (Kan. City [Mo.] C. A.). 291
United States Fidelity & Guaranty Co. vs. Pressler (Tex. C. C. A.).... 164
Van Nest et al. vs. Citizens' Ins. Co. (Minn. S. C.).
Vawter vs. Purdy et al. (Cal. D. C. A.)..

319

41.

49

Violette vs. Insurance Co. of State of Pennsylvania (Wash. S. C.)......... 550
Wanerka vs. Supreme Council of the Royal Arcanum (N. Y. S. C.). 293
Ward vs. Bankers' Life Co. (Ward, Intervener) (Neb. S. C.)....
Watson vs. Mutual Life Ins. Co. of New York (La. S. C.)..
Weiman et al. vs. National Ben. Franklin Fire Ins. Co. of Pittsburgh,
Pa. (N. Y. S. C.)

West End Trust Co. vs. Fidelity Mut. Life Ins. Co. (Pa. S. C.).
Westchester Fire Ins. Co. vs. Bollin et al. (S. C. S. C.).
Westchester Fire Ins. Co. vs. McMinn (Tex. C. C. A.)
Western Indemnity Co. et al. vs. MacKechnie_(Tex. C. C. A.)
Whitlock et al. vs. Greenberg et al. (N. Y. S. C.)..

284

307

629

657

548

141

215

189

655

Wichita Southern Life Ins. Co. vs. Roberts (Texas C. C. A.)
Wiig vs. American Ins. Co. of Newark, N. J. (Neb. S. C.)

Wiig vs. Girard Fire & Marine Ins. Co. of Phila., Pa. (Neb. S. C.)... 655

Wilken et al. vs. Capital Fire Ins. Co. of Lincoln (Neb. S. C.).
Wilkes et al. vs. Hicks (Ark. S. C.)..

74

281

Williams vs. Philadelphia Life Ins. Co. et al. (S. C. S. C.).
Wilson, Ex Parte (Cal. D. C. A.)

504

458

Wolff vs. German-American Farmers' Mut. Ins. Co. (Okla. S. C.).
Workingmen's Mut. Protective Ass'n vs. Roos (Ind. A. C.).
York vs. Sun Ins. Office (Ind. A. C.)

544

662

652

Young vs. Pennsylvania Fire Ins. Co. (Mo. S. C.)

420

Zender vs. Detroit Lodge No. 1 of Knights of Royal Ark et al. (Mich. S. C.)....

46

From July to December, 1916, inclusive.

1. Control and Regulation in General.

(3)

(4)

(7)

(9)

(16)

(18)

(20)

(26)

(31)

Insurance is a business effected with public interest that it may be
regulated by state under power to legislate for the common good.
La Tourette vs. McMaster, State Ins. Com'r (S. C.)...
Insurance Code, supersedes and repeals all prior acts on the same sub-
ject. Davis-Kaser Co. vs. Colonial Fire Undrs. Ins. Co of
Hartford, Conn. (Wash.)...
Domestic mutual company was not entitled to deduct from its taxable
amount a dividend of 30 per cent paid to its policyholders when
policies expired. American Mut. Liability Ins. Co. vs. Common-
wealth (Mass)

476

222

252

Statute imposing tax on foreign companies inapplicable to assess-
ment companies. Bankers' Life Co. vs. Chorn, Ins. Supt. (Mo). 186
In computing amount of gross premiums received by life company,
dividends payable to assured and actually credited upon premiums
are properly deducted. Commonwealth vs. Penn Mut. Life Ins.
Co. (Pa.)
Liability to policyholders is not an "unconditional debt," within the
exemption of the old law for taxation of securities and credits.
Northwestern Mut. Life Ins Co. vs. State (Wis.)...

Where defendant council as agent promised and agreed to pay death
benefit to person entitled to receive it when it had received funds
from the association, defendant after receiving fund was liable
to beneficiary. Dusenbury vs. General Grant Council, No. 128,
Junior Order United American Mechanics of State of New York
(N. Y.)
Statute will not be applied where assured, after settling with wrong-
doer out of court, arbitrarily refuses to bring action Grain
Dealers' Mut. Fire Ins Co. vs. Missouri, K. & T. Ry. Co. et al.
(Kan)

State may impose stringent conditions on foreign companies and may
even go so far as to exclude them altogether. Adamson VS.
Schreiner (N. Y.)

Statute imposing upon foreign companies the same license tax which
their home states apply to Kentucky companies, applies to foreign
companies doing business in Kentucky regardless of whether
Kentucky companies are doing business in that company's state
or not. Clay, Ins. Comr., vs. Dixie Fire Ins. Co. (Ky.)....
Statute requiring contribution for state for various fire departments does
not levy "tax." Citizens' Ins Co. vs. Hebert, Secretary of State
(La.)
Since to allow defendant to escape on ground that reinsurance did not
fall within the purview of the charter would enable it to escape
payment on most of its taxes and as the word "reinsurance" from
long usage has acquired a fixed meaning and is covered by the
term "insurance," defendant is liable for percentage. Adamson
VS. Schreiner (N. Y.)

Company has burden of proof in enjoining commissioner from levying
taxes. Clay, Ins. Comr., vs. Dixie Fire Ins. Co. (Ky.).......
One presenting false proofs in support of claim upon accident policy is
not guilty of public offense, under statute which has reference
only to false or fraudulent proofs under insurance policies. Ex
Parte Wilson (Cal.)..

189

193

623

194

622

102

218

522

102

458

Insurance Companies.

II.

(A) (33)

STOCK COMPANIES.

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Statute-Issuance of stock by company in return for note and deed of
trust was void. Prudential Life Ins. Co. of Texas vs. Smyer et al.
(Tex.)

Although statute provides that capital stock of companies may con-
sist of valid first mortgages on realty, company cannot in view
of another statute issue stock for a note and trust deed, though
it could invest in such security after stock was paid. Prudential
Life Ins Co of Texas vs Pearson (Tex.)....
Remedy provided furnished adequate protection to stockholders and
policyholders and the act when construed in the light of the
evils it was intended to remedy, made such remedy exclusive of
the common law right of any policyholder to sue for the dis-
solution of insolvent insurance company. Grimes VS. Central
Life Ins. Co. (Ky.).....

Circuit Court had jurisdiction to appoint receiver for fire company
which had never been granted a license. Metropolitan Fire Ins.

56

677

618

Co. vs. Middendorf (Ky).

Purchasers of stock from agent were entitled to have receiver of company appointed. Metropolitan Fire Ins Co. VS. Middendorf (Ky.)

653

653

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(52)

(54)

Legislature by special section has governed burial associations. New-
port Benev. Burial Ass'n vs Clay, Ins. Comr.-Kenton & Campbell
Benev. Burial Ass'n vs. Clay, Ins. Comr. (Ky.)...
In mutual company, members' rights are determined not only by con-
tract but by charter, constitution and by-laws. Frick vs. Hartford
Life Ins. Co (Iowa).

182

499

(64)

Statute not applicable in case where suit is brought by one or more policyholders, but establishes liability to other policyholders. Alma Gin & Milling Co. vs. Peeples (Ga.)..

541

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(73)

Soliciting agent was agent of insurer. Shea vs. Manhattan Life Ins.
Co. (Mass.)

8

(74) (76)

278

(77)

(78) (79)

(80)

(82)

(83)

(84)

Rights of parties to agency contract are determined by its provisions.
Security Life Ins Co vs. McCray (Ark.).
Evidence showed that parties intended and understood that superin-
tendent's employment was for five years subject to stipulation
as to increase in revenues, and that company was not to have
right to discharge him at pleasure. American Nat. Ins. Co. vs.
Van Dusen (Tex.).....

Evidence showed that interrelated companies acted for insurance com-
pany in issuing policy. Dodge vs. Grain Shippers' Mut. Fire Ins.
Ass'n (Iowa)

Party dealing with agent must prove that he was actual agent or that
insurer is estopped to deny the agency. Violette vs Insurance
Co. of State of Pennsylvania (Wash.)..
Husband of agent recognized by company was ostensible agent.
vs. Insurance Co. of State of Pennsylvania (Wash)
Agent was acting within apparent scope of authority. Shea vs. Man-
hattan Life Ins. Co. (Mass.).

54

100

550

Violette

550

8

Where superintendent of agents violated his contract, company could treat contract as no longer binding. American Nat. Ins. Co. vs. Van Dusen (Tex.)

Agency contract which fixes no date or time and in which agent has no coupled interest in the subject-matter is terminable at will, regardless of agent's understanding to the contrary. Fass VS Atlantic Life Ins Co (S C.)...

Where policy issued by foreign company is not valid until countersigned
by local agent, such agent will be held to be the officer having
power to issue same. Home Ins. Co. of N. Y. vs. Mobley et al.
(Okla.)

Fiduciary relation existed between company and agent and action lay
against latter for an accounting. Potomac Ins. Co. vs. Kelly
(N. Y.)
Agents sued by their company for loss from not cancelling policies
as directed does not deny that it was their duty to do so, they
having undertaken to do it, when, had they refused, it might
seasonably have been done by the company. National Union Fire
Ins. Co. vs. Dickinson et al. (Wash).
Where there is evidence that agent was directed and undertook to
cancel policy, verdict could not be directed for defendant in
action for failure to cancel policy on ground that plaintiff had
not proved a contract requiring agent to render that service.
Westchester Fire Ins Co. VS. Bollin (S C.)...

Agent could not recover for balance of commissions included in notes
not paid. San Antonio Life Ins. Co. vs. Griffith (Tex.).
Later contract replaced the former contract annulling all previous
agreements and was an accord and satisfaction of them Adickes
vs. Drewry (N. C.)..
Contract construed and held to entitle agent to renewal commissions
only during continuance of employment. Fass vs. Atlantic Life
Ins. Co. (S. C.)..

54

395

109

301

428

657

58

188

395

Where agency contract was terminated, agent was not entitled to re-
newal commissions Security Life Ins Co VS McCray (Ark.).. 278
In action by agent on bonus contract, words "sixty days allowed for
settlement" in absence of testimony showing sense in which used,
held to mean a grace of sixty days after the year covered by
contract in which to allow parties thereto to settle. Evidence
that telegram from company near close of year stating that agent
had procured $1,223,000 and asking for more business, held suffi-
cient to support a finding that business procured during the year
exceeded $1.250.000. Reliance Life Ins. Co. vs. Beaton (Tex.).... 396
was within province of court to determine whether contract was
ambiguous in relation to right to discharge. Testimony of plaintiff
as to amount he would have made under contract based on

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