Yelland

In the court below appellant and appellee were respectively defendant and plaintiff, and we shall so refer to them. During all the times herein mentioned one Hickman was defendant’s agent with authority at least to solicit for it applications for life insurance, in Utah, Nevada, and Southern Idaho; and in addition to soliciting insurance he exercised some authority in éstablishing, within his territory, local agencies and selecting local agents. Plaintiff contends that in respect of insurance contracts his powers were much greater than those of an ordinary soliciting agent and, in short, that his position was essentially that of a district manager. There being some evidence to support this view, for present purposes we shall assume it to be correct.

On November 18, 1926, Hickman was introduced to plaintiff’s husband, Louis A. Yelland, now deceased, at the latter’s ranch, in White Pine county, Nev., and in the course of the following two. days presented to him the matter of taking out life insurance, with the result that on November 20th he signed an application (on one of defendant’s printed forms) for a policy in the amount of $10,200, with double liability in ease of death from…