 | United States. Supreme Court - Law reports, digests, etc - 1878 - 808 pages
...recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the...respect operate as an estoppel against the company. Apart-from the circumstance that the policy subsequently issued alone expressed its contract, an estoppel... | |
 | Law - 1878 - 560 pages
...Opinion by Field, J. 2. Estoppel : promise of agent as to payment of premium on iifn insurance. — The previous representation of the agent could in...respect operate as an estoppel against the company. Au estoppel from the represeutations of a party can seldom arise, except where the representation relates... | |
 | Law reports, digests, etc - 1902 - 1164 pages
...agreement to a court of equity, which is competent to give all needful relief In such cases. But, until corrected, the policy must be taken as expressing the final understanding of the assurance company.' In the present case there is no evidence of fraud or mistake, or that the certificate... | |
 | Law reports, digests, etc - 1917 - 1312 pages
...recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the...understanding of the assured and of the insurance company." [3] But defendant says that If the foregoing be conceded, yet, as the matter here Involved relates... | |
 | Law reports, digests, etc - 1901 - 1236 pages
...upon which its forfeiture could be claimed, must be conclusively presumed to be therein stated. * * * The previous representation of the agent could in...as an estoppel against the company. Apart from the circumstances that the policy subsequently issued alone expresses its contract, an estoppel from the... | |
 | George Richards - Forms (Law) - 1892 - 710 pages
...recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the...understanding of the assured and of the insurance com pany. The previous representation of the agent could in no respect operate as an estoppel against... | |
 | Law reports, digests, etc - 1899 - 960 pages
...recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the...respect operate as an estoppel against the company. The doctrine of estoppel has no place for application when the statement or representation relates... | |
 | William Reynolds Vance - Insurance law - 1904 - 748 pages
...recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But until thus corrected, the...understanding of the assured and of the insurance company." i1 It is true, as has been heretofore explained,12 that there is a tendency on the part of some courts,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1907 - 980 pages
...recourse, for a correction of the agreement, to a court of equity, which is competent to give all needful relief in such cases. But until thus corrected the...understanding of the assured and of the insurance company." FLOABS r. INSURANCE Co. In the case before us, then, the written policy having been delivered and accepted,... | |
 | 1907 - 638 pages
...and inequitable to apply the parol evidence rule. The writer seems to have forgotten, however, that the policy must be taken as expressing the final understanding of the parties. Union Afut. Life Ins. Co. v. Mowry, 96 U. S. 544. It seems to us to be more logical to follow... | |
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If, by inadvertence or mistake, provisions other than those intended were inserted, or stipulated provisions were omitted, the parties could have had recourse for a correction of the agreement to a court of equity, which is competent to give all needful... 
