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FRANKLIN LIFE INSURANCE COMPANY v. ROGERS

No. 3387.

316 S.W.2d 116 (1958)

FRANKLIN LIFE INSURANCE COMPANY, Appellant, v. Charles J. ROGERS, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 19, 1958.

Attorney(s) appearing for the Case

Lang, Byrd, Cross & Ladon, San Antonio, for appellant.

Baskin, Casseb & Casseb, San Antonio, for appellee.

GRISSOM, Chief Justice.

Rogers was the agent of Franklin Life Insurance Company for the purpose of soliciting applications for insurance. They had a written contract which provided for payment of commissions to Rogers. Section 23 provided that if Franklin should be sued because of an "alleged" act of Rogers all expense of such a suit should be paid by Rogers. Rogers sold policies to John M. Faggard. Faggard sued Rogers...

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