Peever Mercantile Co. v. State Mut. Fire Ins.

This case is before us on rehearing. The original opinion is reported in 23 S. D. 1, 119 N. W. 1008, and a restatement of the facts is unnecessary -here. It is contended that there was never a valid delivery of the policy of insurance. But the answer itself admits that the renewal 'policy was mailed to and received by the assured. The real contention of appellant upon this point seems to be that, although the policy was so delivered, it was accompanied- by a written notice which advised the assured that “no policy will be considered in force until the’premium is paid, without the written…