Travelers' Insurance Company v. Edwards/Opinion of the Court

Without deciding whether this notice to Phillips of the death of Edwards would have been a sufficient compliance with the contract requiring a written notice of the death to be given to the company at Hartford, if it had been attempted to comply with the condition in that manner, and without deciding whether, if the proofs of death had been made out and delivered to Phillips, with no more in the case than that, it would have been a sufficient compliance with that provision, we are of opinion that the whole course of dealing by the company with Phillips, and with the plaintiff below, establish the proposition that the company recognized Phillips as its agent for these purposes, and so acted upon his information of the death of Edwards as to accept that as sufficient notice, and to constitute him their agent for the purpose of receiving the proofs of death. Phillips went to the office of the company in Hartford. He there gave the information of the death of Edwards to the company, with such particulars as were then known in regard to the incidents of his death. The acting officer of the company, the man who in his own testimony describes himself as having charge of claims for losses by death, then furnished him with the requisite blanks for the further proof required by formal affidavits of the parties. The officer knew that Phillips was treated by the insured as the agent of the company for giving this notice, he accepted that notice, he acted upon it, and he intrusted Phillips, who was an agent of the company, and had been so for 10 years or more, with the forms of affidavits necessary to show what the company required to be proved in order to justify them in paying the money upon the policy. Phillips undertook this business, delivered these blank affidavits, and stated to the plaintiff's agent that they were to be returned to him when completed. They were so returned to him, but, without sending them to the company, after keeping them a long time in his possession, he again gave them to the plaintiff's agent, with the declaration that they were imperfect, and suggested further proofs.

Soon after this they were returned to him, though it is not stated whether any further proofs were made out or not, and he then forwarded them to the company. He evidently considered himself as the agent of the company when he required additional proofs. As confirmatory of this, the evidence shows that the company received the proofs without objection and when, some time afterwards, a brother of the plaintiff made an inquiry of the company in regard to them, they acknowledged that they had received them on the tenth day of February, but made no objection that it was too late. They also acknowledged the receipt of 'papers in the case of Frank Edwards' in the following letter, dated February 9, 1883:

'E. M. Phillips, Esq., Ag't, Southbridge, Mass.-DEAR SIR:     Your letter of the seventh inst., with papers in the case of      Frank Edwards, at hand. We understand a chemical analysis of     his stomach was made. We should like a full report of the     analysis, certified to by the chemist who made it.

'Yours, truly,

RODNEY DENNIS, Sec'y.'

In this there was no hint that the papers were received too late, or that no sufficient notice had been given, but simply the expression of a desire for further information with regard to the actual facts of the case, which would have been useless if the company intended to rely upon the failure to give this notice in time. Afterwards, on March 10, 1883,S. K. Edwards, 'for Katy L. Edwards,' the plaintiff below, wrote to the company, asking for the date of proof of death of Mr. Frank Edwards, and when it was received at the office. To this the following reply was made:

'THE TRAVELERS' INSURANCE CO., CLAIM DEPARTMENT,

HARTFORD, CT., March 13, 1883.

'S. K. Edwards, Southbridge, Mass.-DEAR SIR: In reply to     yours of tenth inst., would say that we received a letter      from agent Phillips, dated February 7, 1883, wherein he      writes: 'I found the inclosed upon my table on my return      home, and forward the same.' The inclosed were incomplete      proof papers relating to the death of Mr. Frank Edwards, and      we acknowledged the receipt of same February 9th, asking for      a full report of the analysis of Edward's stomach, the report      to be certified by the chemist who made the analysis. We have     no further intelligence respecting the matter.

'Yours, truly,

RODNEY DENNIS, Sec'y.'

On March 20th, S. K. Edwards, on behalf of his sister, again wrote to the company making inquiry if February 9th was the first time they had the proofs of the death of Frank Edwards, to which the following reply was made:

'MARCH 21, 1883.

'S. K. Edwards, Esq., Southbridge, Mass.-DEAR SIR: Your     letter of the twentieth inst. is at hand. We received the     incomplete proofs of death, to which we alluded in our letter      of thirteenth inst., on the tenth of February for the first      and only time. We have only received them once.

'Yours, truly,

RODNEY DENNIS, Sec'y.'

During all the correspondence which passed upon this subject Mr. Dennis, the officer of the company, nowhere intimates that these proofs came too late, or that they were rejected by the company, but the only complaint made was that he had not received the chemical analysis of the contents of the stomach. Under all the circumstances of this case, we are of opinion that the company treated Phillips as their agent for the purpose of the early notice of the death of Edwards, and also of the receipt of the final proofs thereof, and that it is too late for them now to undertake to defeat this action upon the ground that he was not their agent for any of these purposes. We do not deem it necessary to go into a critical examination of the authorities upon the questions so often raised of the powers of agents of this class. We simply hold that whether upon the face of the policy, and the receipt with its indorsements, taken alone, Phillips can be held to have been the agent of the company to whom the notices in question could be properly delivered or not, that the action of the company upon Phillip's communications to its secretary at Hartford of the information of the death of Edwards, and its delivery to him of the blank affidavits and forms which it required to be filled up, together with the subsequent correspondence, show conclusively that the company considered Phillips as its agent throughout the transaction with regard to these notices, and it is therefore bound by what he did.

The judgment of the circuit court is affirmed.