Cross References.

behalf of the company in the state, the insurance commissioner is vested with discretion to grant a license under such circumstances; and his action being judicial, no personal liability attaches unless he acts corruptly. *State, Davis, v. Thomas, 12 S. W. Rep. 1,034; 88 Tenn. 491.

siring to be insured, or of his agent, fails or neglects to ascertain the identity of such person, and believes that the name of the insured is in fact the name of his agent, and that the person insured and his agent are one and the same person, the defendant may absolve itself from the obligation of its contract-is erroneous. 365. A state statute authorizing acTravis v. Peabody Ins. Co., 28 W. Va. 583. tions against foreign insurance com361.- Under the Iowa statute declar- panies, in which service may be had on ing that any person who shall solicit in- their authorized agent within the state, surance or procure applications therefor or, in the absence of such agent, upon the shall be held to be the agent of the com-state auditor, applies to actions growing pany, where insured applied to an insur-out of the ordinary business of insurance; ance agent, stating their desire as to the insurance, and he procured the insurance from recording agents of the company, who had authority to accept the risk and issue the policy, he is the agent of the company, and not of the insured; and for any mistake occurring in the transaction between him and the other agents the company is liable. St. Paul F. & M. Ins. Co. v. Shaver, 76 Iowa, 282; 41 N. W. Rep. 19.

and an action on a contract of a company employing a person to act as its agent in another state can be maintained only in the forum where the company is domiciled. *Rehm v. German Ins. & Sav. Inst., 125 Ind. 135; 25 N. East. Rep. 173; 44 Balt. Underwriter, 254.

366. The provision of the Wisconsin statute, that whoever transacts any business for an insurance company shall be deemed its agent for all intents and purposes in relation to such business, does not make an agent who procured insurance an agent to waive a condition against encumbrances eleven months afterwards. *Stevens v. Queen Ins. Co., 51 N. W. Rep.

362.- Maine Rev. Stat. ch. 49, §§ 21, 90, declaring that agents of all insurance companies shall be regarded as in the place of the company in all respects regarding any insurance effected by them, and that all provisions in any policy in|555; 21 Ins. L. J. 443 (Wis.) conflict with that statute shall be null and void, apply to all agents of insurance -those appointed to investigate circumstances attending fires and to adjust losses, as well as to those through whom the insurance is effected. Day v. Dwelling House Ins. Co., 81 Me. 244; 16 Atl. Rep. 894.

363.- Inspecting a risk, unless it is done "in the making of a contract of insurance," does not make one an agent of an insurance company, and is not prohibited by Ala. Civ. Code, § 1,205, and Crim. Code, $3,897. Ex parte Robinson, 86 Ala. 622; 5 So. Rep. 827.

367. Cross references. Section one.

Subd. I. Premium. No. 1, et seq. Subd. II. Parties or persons insured. Nos. 8, 109, 110.

Subd. V. Location and description. Nos. 26, 40, 41, 44, 75ɑ, 136a, 174, 191, 196, 197, 198, 202.

Subd. VII. Parol contract. Nos. 8, 15, 49, 50, 51, 52, 53, 55, 56, 57, 58, 60, 62, 87.

Subd. VIII. Consummation of contract. Nos. 1, 2, 6, 8a, 11, 13, 15, 16, 17, 19, 20, 24, 32, 35, 40, 48.

Subd. X. Usage and custom. Nos. 1, 9, 12a, 20.

Subd. XII. Reformation. Nos. 9, 18, 39, 42, 47, 52, 52a, 57.

Subd. XIII. Construction. Nos. 51, 58.

364.- Under Mill. & V. (Tenn.) Code, $2,575, providing that whenever any insurance company has fully complied with all the requirements of the statute, and the commissioner is satisfied that the Subd. XIV. Miscellaneous. Nos. 80, affairs of the company are in sound con- 131, 121, 122, 123, 124, 126, 141, 142, 143, 144, dition, he shall issue certificates of 149, 177, 181, 183. authority to such persons as the company Section two. may designate, authorizing them to transact the business of insurance for and in

Subd. I. Measure of damage. No. 25. Section four.

Statutory Provisions.

Subd. I. Concealment. Nos. 10, 21, 41, 51.

STATUTORY PROVISIONS.

368. Alabama. Agent of foreign comdefined. Code of Ala., 1887,

pany
§1,205.

Subd. II. Misrepresentation. Nos. 14,
23, 30, 34, 35, 38, 51, 56, 89, 91, 92, 93, 95, 96.
Subd. III. Materiality. Nos. 10, 18.
Subd. IV. Statement of interest. Nos.
10, 29, 31, 32, 33, 34, 35, 37, 68.
Subd. V. Fraud and false swearing. policy. Code of Ala., 1887, § 1,206.
Nos. 63, 79, et seq., 108.
Section five.

368a. Agent of unlicensed foreign company is personally liable to holder of

Subd. I. Other insurance. Nos. 28, 29, 32, 44, 66a, 85, 116, et seq., 207, 208, 220, 239, 241, 242, 244, 248, 251, 254.

369. Arizona. Agents defined. R. S. Arizona, 1887, § 260.

370. Connecticut. Agent of foreign companies not admitted to transact business in this state are personally liable on

Subd. II. Operation of manufactory. all contracts made by or through him, Nos. 18, et seq.

directly or indirectly for such company.

Subd. III. Increase of hazard. Nos. 82, Laws Conn., 1889, ch. CVII, p. 60.

et seq., 132.

371.- Agents and brokers defined.

Subd. IV. Alteration, etc. Nos. 21, Gen. Stat. Conn., 1888, §§ 2,923, 2,935.

et seq.

372. Delaware. Agent defined for

Subd. V. Interest of insured. Nos. 12, purpose service of process. L. of Dela117 et seq.

Subd. VI. Ground not owned in fee

simple. Nos. 29 et seq.

ware, 1875, ch. 179.

372a. Florida. Agent defined. Rev. Stat. Fla., 1891, § 2,224.

373. Georgia. Agents defined. Georgia Laws, 1887, ch. 451, § 9.

374.- Agent defined. Georgia Code,

Subd. VIII. Foreclosure. No. 28.
Subd. IX. Change in interest, etc.
Nos. 50 et seq., 103, 105, 128a, 215a.
Subd. X. Assignment. Nos. 75a, 90 et 1882, § 2,850.
seq.

Subd. XI. Inflammable
Nos. 69, 86 et seq., 98a.

or unoccupied. § 9, p. 122.

375.- Agent who acts for unauthormaterials. ized company is personally liable to policy holder. Laws of Ga., 1887, No. 451, 376. Indiana. Agents required to reSection nine. Warranty. Nos. 165, 209, tain in their possession all moneys be211, 233, 255 et seq., 374a.

Subd. XII. Vacant Nos. 86, 101 et seq., 122a.

longing to their companies until loss ad

Section eleven. Renewal. Nos. 40 et seq.,justed and paid, subject to fine and im60.

Section twelve. Cancellation. Nos. 38, 40, 41, 43, 45, 46, 47, 48, 52, 54, 63, 69, 81, 84, 94, 97, 98, 99, 102.

Section fifteen.

Subd. I. Notice of loss. Nos. 35 et seq.

prisonment. 2 R. S. Ind., 1888, §§ 3,768, 3,771.

377. Iowa. Soliciting agent defined. 1 McClain's Annot. Code, Iowa, 1888, $ 1,732.

378. Kansas. Agent of foreign comSubd. III. Statement or proofs of loss.pany defined. 1 Gen'l Stat., Kan., 1889, Nos. 103 et seq., 216, 301, 317.

Section sixteen.

$3,331.

379. Kentucky. Agents defined. Gen.

Subd. II. Books of account, etc. No. Stat. Ky., 1888, p. 86 Appendix. 22.

380. Maine. Agents of duly author

Section eighteen. Payment of loss. No. ized companies may place risks with 93a.

Section nineteen.

Subd. I. Apportionment. No. 79. Subd. II. Reinsurance. Nos. 18 et seq. Section twenty-one. Limitation. Nos. 31 et seq., 62, 82.

Section twenty-four. Waiver. Nos. 21, 26, 296, 45, 46, 63 et seq., 99, 103, 105, 113, 114a, 117, 129, 130.

agents of other duly authorized companies when necessary for the adequate insurance of property. Acts of Me., 1887, ch. 109, § 1, p. 80.

381. Agents defined, and effect of such agency prescribed. R. S. of Maine, 1883, ch. 445, § 19.

382. Massachusetts. Agents defined. Acts, etc., Mass., 1887, ch. 214, § 87.

396. New York. Agents defined. 3 R. S. N. Y. (8 ed.), 1,629; L. 1892, ch. 690, Stat. 49. Liable in fiduciary capacity for moneys received or collected. L. 1892, ch. 690, § 38. Not to act for unauthorized companies. L. 1892, ch. 690, § 54. Advertising by agents restricted. L. 1892, ch. 690, § 54.

390a.- Agent acting for company 403. South Carolina. Agents dewhich has not complied with the laws is fined. Laws S. C., 1883, No. 308, p. 460, personally liable to the holder of a pol-§ 6.

icy in respect to which he so acted, for 403a. South Dakota. See North loss covered by the same. Annot. Code Dakota. of Miss. 1892, § 2,329; Rev. Code, § 1,088. And is also guilty of a misdemeanor. Annot. Code Miss., 1892, § 1,170.

393. Nevada. Insurance broker de- in behalf of unauthorized company. Laws fined. Gen. Stat. Nev., 1885, § 989.

Statutory Provisions.

agent of the company and not of the after notice guilty of larceny. R. L. Vt., insured. R. L. Vt., 1880, § 3,620.

410.- Agent who fails to pay over moneys due company within thirty days

1880, § 3,616.

411. Wisconsin. Agents defined. 1 San. & B. Annot., Stat. Wis., 1889, § 1,977.

SECTION XI.

This policy may by a renewal be continued under the original stipulations, in consideration of premium for the renewed term, provided that any increase of hazard must be made known to this company at the time of renewal or this policy shall be void.

New York Standard Form. New in phraseology and arrangement.

I. RENEWAL.

General rules.

Parol contract of renewal.

Change or increase of risk.
Reformation.

their assignees, could not maintain an action of covenant upon the policy; 2d, but, whether specialty or parol, no action could be maintained on the contract, except by the parties insured; it was a joint

As affected by acts or knowledge of contract, and whatever sum could be re

agent.

Waiver.

Questions for jury.

Other special cases.
Cross references.
Statutory provisions.

covered, would be in solido, and no one of the parties insured could sue alone for his proportion. Baltimore Fire Ins. Co. v. McGowan, 16 Md. 47.

2.- Each renewal of a policy of insurance is a new contract, and is subject to the local laws in force at the time of the renewal. Brady v. Northwestern Ins. Co., 11 Mich. 425.

curs within the new term, a recovery can only be had upon the original contract. New England Fire and Marine Ins. Co. v. Wetmore, 32 Ill. 221.

1. General rules. An insurance policy was issued under seal to J. McGowan & Sons, for one year, with a covenant, that it should continue so long as 3.- Where the term for which an insurthe assured or their assigns should pay ance is effected is about to expire, and a the premium, and the company should premium is paid for another term, for accept and receive the same from them. which a renewal receipt is given, under The firm was composed of John McGowan the conditions contained in the policy, and his two sons at time policy was such renewal receipt does not constitute issued, and the father retired from the a new agreement of insurance, but merely firm during the year, and after mak-revives an expiring contract and continues ing the insurance, and the business was it in force another term. And if a loss occontinued by the two sons under the same title, J. McGowan & Sons." The day preceding the expiration of the policy the premium for the second year was paid, and a renewal receipt indorsed upon the 4.- Where a renewal receipt has been policy, stating that the company had re-issued to the assignee of a policy, and he ceived the premium from J. McGowan & Sons under policy No. 12,704, "which is hereby continued in force for another year." The company had no knowledge of the change of the firm, and during the second year a loss occurred. In an action by the plaintiffs (the two sons); held, 1st, that the renewal receipt was not a parol and new contract with other parties on which action of assumpsit might be brought, but was simply an extension for another year of the original sealed contract, and the plaintiffs not being the covenantees nor

has paid the premium, an action of assumpsit will lie by him, as on an express agreement and promise of the insurance company to pay him for any loss which might occur. Peoria Marine and Fire Ins. Co. v. Hervey, 34 Ill. 46.

5.- Where an agreement is made by the agent of an insurance company, for the renewal of a policy, nothing being said respecting the amount to be charged, the insured has a right to suppose the renewal is to be at the rate formerly paid. Post v. Ætna Ins. Co., 43 Barb. 351 (N. Y.)