Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-22

policy. But the opinion holds
that The evidence then before the
court was sufficient to warrant the
conclusion that a valid contract of
renewal had been made between the
parties. and that the policy was in
force at the time of the death of the
insured.
\ careful examination OF the addi-
tional evidence now before the court
i'm connection with the former testi+
lneny. fails to disclose any material
fact tending in any degree to detract
from or impair the force and effect
of the original evidence before the
court on exceptions. On the contrary
there is new and important evidence
introduced by the plaintiff which very
materially strengthens the foundation
upon which the former opinion was
base /, that the original policy mad
been legally renewed.
From the evidence then before the
court. it satisfactorily appeared that
Mr.. Griffin understood that he was
expected to renew this policy and
from the whole tenor of his evidence
and especially from his letter acknowl-
edging the receipt of the plaintiffs
proof of loss, it was manifest that
Mr. Griffin, understood the policy had
been renewed and was in full force at
the time of the accident,
It was not so distinctly and conelu-
sivelv shown, however. by direct evil
dence that Mr.. WashbuTn intended
to have il renewed or understood that
it had been renewed But this evidence
is now supplied and all question upon
that point removed by the testimony
given in her deposition at this second
hearing by Miss Lord, who had been
policy clerk and book keeper in Mr..
Grif1in's office for IS years.
It is thus made clear that there was
correlative obligation between the
insurer and the insured and the con-
tract was legally renewed.
But it is further contended in be-
half of the company that the warran-
ties in the plaintiffs application for
the policy and in the schedule OF
statements, that he was a hotel
keeper and that he was free from
any Incorporate habits" We're not true.
1t is proved beyond controversy,
however, that Mr.. Griffin himself. the
defendants general agent. wrote the
aplilCaliOH lUI tAit pollIN anu dilNe-
his general authority and implied re-
quest. signed Mr. Washburns name
to it, and answered the heterogeneous
respec ting his occupation and habits
in absence of Mr. Washburn and
without any knowledge on his part
of the nature of the answers. These
facts are conclusive against the Com
pany's contention upon this point
1t is provided by section 90 of chap
ter 40. r. S. that such agents fof for
eign insurance companies) and the
agents of all domestic companies.
shall be regarded as in the place OF
the company in all respects regard
ing any insurance effected by them
The company is bound by their knowl-
edge of the risk and of all matters
connected herewith. Omissions ana
misdcscriptions known 10 the agent
shall be regarded as known by the
company and waived by it as If noted
III the policy" In Marston Us. Life
ms. CO. 50 Maine 2e6, it was held IN
the case of life insurance policy,
that where the application Is drawn
by the authorized agent of the COM
pany and the answers to the questions
therein are witten8 by the agent in
filling the application, without fraud
or collision on the part Of the ap-
| plicant, the company is estopped from
| controverting the trust of such state
ments in an action on the policy.
Judgment for the plaintiff Cor 5000
with interest from May q, 1905.