(Download) "Hartline v. Mutual Benefit Health & Accident Assn." by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Hartline v. Mutual Benefit Health & Accident Assn.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 25, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The same parties were before us touching the same transaction of health and accident insurance in Hartline v. Mutual Benefit Health & Accident Association, 5 Cir., 84 F.2d 21, 23. It was there held that no contract of insurance was effected by action at the home office, and that the allegations of an oral contract with the agent who solicited the insurance were insufficient because of confusion in them on the point of his authority. After holding that the forms furnished the agent by the association did not show authority to contract and that the agents assetion of authority would not prove it, we concluded: "But oral contracts of insurance are valid in Florida, and we desire to leave the matter open for a better suit if a case can be truthfully alleged of an ad interim or a final contract of insurance orally made by due authority of the association and in force at insureds death." The present suit was brought accordingly. On a trial, proof of what was done and said was excluded on the ground that there was no sufficient evidence that the agent of the association, Clements, had authority to contract, and a verdict was directed for the defendant.
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