New York Life Ins. v. Rogers

This is an action to recover double indemnity on an insurance policy for $2,-000, issued to Zeno A. Rogers by the New York Life Insurance Company, appellant herein.

Rogers was a soliciting agent for the company and had been for three months before his death. He had applied for a policy on his own life six weeks after his appointment as such agent. A policy on his life was prepared in the New York office, dated December 19, 1939, and mailed to Arthur F. Lindberg, the general agent in Phoenix, Arizona. It was mailed to Rogers from the office of D. F. Caskey, cashier of the General Agent.

Zeno A. Rogers died January 28, 1940, as a result of an automobile accident occurring two days before. The policy was found in his hotel room by the General Agent of the company, who took possession of it over the protest of the widow on the theory that it belonged to the insurance company.

On the trial the appellant moved for a directed verdict in its favor. The denial of this motion is assigned as error. The appellant also excepted to the giving of certain instructions to the jury. The verdict was for thé plaintiff. We shall first consider the denial of the motion of the appellant for a…