The Montgomery advertiser., 1901-11-21
ROBINSON AETNA FIRE INSUR'
 ANCE co.

ANCE co.
 Action on a policy of Fire Insurance Appeal from Montgomery City Court.
 agents; general and special; extent of authority-An insurance company has the,right to employ agents with limited authority, it may have a general agent with authority to transact all business in a particular way, or a special agent | whose authority Is limited to specific | transaction, an das a general rule 1t | may be affirmed that the authority of agents as to those dealing with them. must be determined by the nature of the business and Is prima facie co-extensive | with it's requirements, while secret h. | structions not known to those dealing with an agent acting within the apparent scope of his authority are not binding. l 9 Same; conditions in policies; how construed in a policy of in- | surance prescribing duties upon the as- favor of the assured and strictly against 1 the insurer.
 | 3. Same; notice to agent; case it bar | Where d foreign insurance company ap- points agents in this State to solicit in- surance, collect premiums, make the sur vey, make the rates, remit premiums collected deliver policies signed by the l agents. who have a license from the in- surance department of this State au- thorizng them ito transact the business of the said company in the State of Ala bama for and during the year 1898" but who have no power to adjust losses CT to take any steps looking to an adjust ment, it is held that such authority does not as a matter of law invest such agents | with general authority to receive notice of the failure of the insured after loss, to comply with the condition in the policy l requiring an inventory of the property | insured to be taken and kept In fire l proof safe. | f. Same: same; same; question for l iury-Where such authority Is given, end 1t is shown that the insured gave such | agents notice of the loss under the policy, and also notice of the destruction of his 1 inventory by fire, and they In turn notified the company of the loss under the policy, and afterwards notified the insured that an adjuster had arrived and | to bring all of his books. which the in- sured did and delivered the same to the adjuster, who called for them, and in answer to an inquiry from the Gdjuster told him that his bills and inventories had been lost and that the books were all that he had saved, whereupon the adjuster proceeded to examine the same after having obtained from the insured a non waiver agreement, it was held that it a question of fact for the jury to determine whether notice to such agents of the loss of the inventory was notice to the company.
 5. Same; same; same; same; iron safe clause.-Where the facts in regard 10 the authority of insurance agents to receive notice of the breach of some condition in the policy, and to waive the same are in ? dispute or different differences may bt fairly drawn from such facts. an agree ment signed by the insured subsequent to notice to such agents of said breach that no condition in the policy would be waived by an adjuster taking steps tc ascertain the amount of the loss doe; not take from the jury the determination of the question of breach and waiver thereof. since 1t Is for them to determ!n' whether the breach was waived tefor, CT after the non waiver" agreement.
 Affirmed.
 Opinion by Haralson, J.