Kimball v. New York Life Insurance
Supreme Court of Vermont
Action ok Contract on a life insurance policy. Answer: That the policy had lapsed by reason of non-payment of premium, and that the term of continued insurance to which insured was entitled under the policy had lapsed prior to his death and that policy was not then in force.
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Action ok Contract on a life insurance policy. Answer: That the policy had lapsed by reason of non-payment of premium, and that the term of continued insurance to which insured was entitled under the policy had lapsed prior to his death and that policy was not then in force. Replication: That defendant, having full knowledge for computing term of extended insurance in its possession, had made an indorsement on the policy extending insurance at a reduced amount, to a time beyond the date of insured’s death and that the policy was then in force; that by such indorsement the defendant made an…
1Opinion of the CourtSlack, J.
On February 5, 1908, defendant issued to one Charles B. Kimball an ordinary life insurance policy on his life payable to the plaintiff if he survived the insured. The premiums were payable semi-annually on February 5th and August 5th. The insured died January 13, 1916; and the main question is whether the policy was in force at that time. The policy provides that the payment of a premium shall not keep the policy in force beyond the date when the next premium is payable. The premium due August 5, 1912, was not paid. The rights of the parties, therefore, depend upon what occurred subsequent to…
2Cases cited9 opinions
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Duran v. Standard Life & Accident Ins.Supreme Court of Vermont · 1891
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Pond v. Pond's EstateSupreme Court of Vermont · 1906
- Drury's Admx. v. New York Life Ins.Court of Appeals of Kentucky · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
- Farm Bureau Mut. Automobile Ins. Co. v. ViolanoCourt of Appeals for the Second Circuit · 1941
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
8 more not listed; retrieve them via the Exa API.