Citations
- 48 S.W.2d 459
Full opinion text
CONNER, C. J.
This suit was instituted in behalf of ap-pellee Neoma Lee Nabors, a minor of twelve years, by her uncle and next friend, John A. Miller, against the American Life Insurance Company as defendant, to recover damages because of the negligence and failure of the company’s soliciting agents to seasonably and Within a reasonable time forward to the company applications for insurance, in the sum of $2,000, made by Allie Lee O. Parkey, the mother «f appellee.
The evidence shows that F. L.'Pope was •the duly appointed and acting agent of the appellant company- in Pampa, Gray co.unty, Tex., and that Frank Di Thompson was such agent in Amarillo, Potter county, Tex.; that on or-about June 20, 1929, Pope secured from ; Allie Lee O. Parkey an application for a “non--medieal” policy of insurance on her life in ' said' county for the sum of $2,000, she, at the timé, paying Pope the first premium required, but her signature thereto was not : affixed. Pope failed to forward this applica-1 tion or premium to the company, but later 'handed it to Agent Thompson, with the. request that he secure Mr's. Parkey’s signature to the application. "Thompson failed-to secure the signature qf Mrs. Parkey to- this application or to forward it to' the comp'any. On the" contrary,- he destroyed the applica- ' tion' made to Pope and took another application from Mrs. Parkey on July 22, 1929. This - second application was immediately forwarded. by Thoinpson to 'the company' and ' reached its 'office oh July 23, 1929. The company required that all questions in applications must'be 'propounded difeetiy 'by' the agént and answers 'theteto: filed >in the agentfs ■own handwriting. "It further required the report to give two'references' through whom St inight secure -reliable information as'to the applicant. Neither of said applications were r,evpr 'accepted or-rejected by- the company, 'and the last application was pending at the time of the death of. Allie Lee-O. Parkey, on August 14,. 1929. - . ’.
: During ".the time! .the second:'application ■was,in, theshánds qf the company,- Some 28 days, Dr. Simpson, the medical- director- for the American Life Insurance Company,, whose •business it Was to pass.upon all applications, wrote to F. L. Pope, on- August 1st, 6th, and 15th, inquiring for additional information. .These letters were received by Pope, but never ■answered. During this time Dr. Simpson also sought information -from ,a credit reporting agency relative to..,the references given by Mrs.- Parkey in .her application, .but ho repiy .was:-recéiyed until after Mrs. -Parkey’s' death. In the receipt given Mrs. Parkey 'for the first premium paid by her to Pope, it is expressly provided, among other things, that, if “the application is approved by the' company for the form of policy applied for, and in that event, the insurance as applied for will be in force from the date of the application.” The company knew the applicant was not living with her husband, and the agent in his report unqualifiedly recommended her as a first class risk. The applications and the evidence show that at the time of making them Mrs. Parkey ■ was