Van Woert v. New York Life Insurance
North Dakota Supreme Court
From an order of the District Court of Eenville County, vacating a default judgment, Leighton, I., plaintiff appeals. The policy of insurance in this case cannot be forfeited by reason of the lapse of payment of premiums.
Read the full summary
From an order of the District Court of Eenville County, vacating a default judgment, Leighton, I., plaintiff appeals. The policy of insurance in this case cannot be forfeited by reason of the lapse of payment of premiums. It is conceded that the insurance company had in its hands a reserve amount of money due the plaintiff, more than sufficient to cancel the unpaid premium, and such reserve should have been applied to the payment of the premium when due, rather than that a forfeiture should have been declared. Haas v. Mutual L. Ins. Co. 84 Neb. 682, 26 L.RA.(N.S.) 747, 121 N. W. 996, 19 Ann.…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of the district court of Renville county, vacating a default judgment against the defendant. This action was commenced by service of summons and complaint upon the defendant on ^February 21, 1913. The action is based upon an insurance policy issued by the defendant in the sum of $2,-000. The defendant appeared in the action by its attorneys, Noble, Blood, & Adamson, and served an answer on March 22, 1913. The answer was verified by the secretary of the defendant. On April 4, 1913, the plaintiff served an amended complaint. A copy of the insurance policy…
2Cases cited17 opinions
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
- Foster v. VehmeyerCalifornia Supreme Court · 1901
- Kelly v. BlissWisconsin Supreme Court · 1882
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lobe v. BartaschawichNorth Dakota Supreme Court · 1917
- Sanders v. Milford Auto Co.Utah Supreme Court · 1923
- Herrmann v. State BankNorth Dakota Supreme Court · 1916
- Provident Life Insurance v. Minot Bakery, Inc.North Dakota Supreme Court · 1936