Supreme Court of North Carolina, 1915

Godfrey v. Atlantic Horse Insurance

Godfrey v. Atlantic Horse Insurance
Supreme Court of North Carolina · Decided February 24, 1915
169 N.C. 238

Godfrey v. Atlantic Horse Insurance

Opinion of the Court

Per CuRiAM.

We are of opinion that tbe evidence introduced by tbe plaintiff to show authority in tbe local agent to waive tbe provisions in tbe policy was competent; but if not, tbe finding upon tbe third issue is conclusive against tbe defendant.

It is well settled that tbe general agent of an insurance company has authority to waive stipulations in a policy (Gwaltney v. Assurance Society, 132 N. C., 929; Hardy v. Ins. Co., 154 N. C., 438), and if, as found by tbe jury, tbe agent received tbe premiums from tbe plaintiff with knowledge that tbe local agent bad waived tbe stipulation, this would be a waiver by tbe general agent.

No error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.