Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-07-21
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN.
Exclusively for virglnian-Pilot)
OLIVER V. NJ. L. ms. CO.

Supreme Court of Appeals of Virginia
June Is, 1899.
WHERE THE APPLICATION FOR
LIFE INSURANCE PROVIDED
THAT THE POLICY SHOULD NOT
TAKE EFFECT UNTIL IT WAS
DELIVERED AND THE FIRST
PREMIUM PAID. THIS IS a CON
DITION PRECEDENT AND THE
POLICY IS NOT BINDING UNLESS
DELIVERED AND THE PREMIUM
PAID, ALTHOUGH THE AGENT
OF THE COMPANY PROMISED
PLAINTIFF TO DELIVER IT TO
HIM If IT WAS ISSUED.
This was a suit to recover damages
because of a failure of the defendant
company TO deliver IL policy for which
plaintiffs intestatc had applied and
which had been issued i'll intcstate's
life time, but never delivered 20 him,
he having been killed by accident be-
fore its delivery and while the policy
was being held by the company pend
ing enquiries being made by it as to
the truth of certain facts stated in the
application. The lower court gave judg-
ment for defendant and plaintiff APP
pealcd.
The court says:
The applications were forwarded from
the Norfolk office to the company's
Southern Office in Baltimore, whence
they were sent to the home office in
New York. where they were received on
October LIST. and put into the regular
channel examination and accept
ance or rejection. They were accepted.
and ON October 2d the policies We're
issued and sent from the home Office of
New York to the Southern office in Bal
timore and forwarded to the local office
III Norfolk. where they rcre received on
October 4th and given TO the soliciting
agent 10 be delivered To the applicant.
lille the agent was away from the
company's office for the purpose Of de-
livering the policies. but before they or
either of them were actually delivered,
because the agent had not then seen
the applicant. instructions were re-
ccved at the Norfolk office by wire TO
hold the policies for further instruc-
tons.
The contention of plaintiff in error is,
that although the soliciting agent could
not make q verbal contract of insur-
ance binding his company. he could and
ana make n verbal contract with Oliver
binding the company to deliver him the
policy of insurance when issued. and
there having been II breach of this
contract, plaintiff in error is entitled
to recover in this action.
There was an express agreement in
the application made by Oliver, not
only that the statements and answers
made by him were true, but that the
policy should not take effect until the
ilrst premium was paid and the policy
delivered to the applicant during his
continuance in good health: and the
third instruction given for the defend
ant correctly told the jury thar this
provision created u condition precedent
winch MAS Ia be performed before the
plaintiff could recover in this action.
TO sustain the contention of plaintiff
in error that she had Il right to recover
i'll this action because of thu. breach
OF an understanding between Oliver. the
appellant and Stringfellow, the solicit
ing agent OF the company. that the lat
ter would deliver the policy to Oliver
when issued, would be to set at naught
all or the provisions contained in the
policy issued by the company. 1t seem
ed to be conceded that the soliciting
agent had no authority to bind the
company to issue the policy or to make
Tor the company and binding contract
OF assurance between it and Oliver bun
the contention is that he had ample au-
thority to make Il contract binding
upon thee mpanYln-dnli Nal. he nnlic..
as soon as divers application was ac-
cepted and the policy issued In this
w CIV NH'iIS ui!dbic 10 concur.
oliver. as we have seen, was afforded
an opportunity 10 make his contract of
insurance with the company binding
upon ii from the date of the application
II 1t was accepted, by paying the first
premium thereon in advance, which he
declined and thereby left the matter
open and to be concluded and made
ihai as a contract of insurance in ac-
cordancc with the provisions contained
in his application.
Affirmed.