Ramsey v. Travelers' Protective Ass'n of America
Wisconsin Supreme Court
'Appeal from a judgment of tbe circuit court for Eaciue county: W. J. TurNer, Judge. Action to recover on a policy of. casualty insurance. There was no question but that plaintiff had a cause of action, unless his policy was forfeited before the accident, as claimed in the answer.
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'Appeal from a judgment of tbe circuit court for Eaciue county: W. J. TurNer, Judge. Action to recover on a policy of. casualty insurance. There was no question but that plaintiff had a cause of action, unless his policy was forfeited before the accident, as claimed in the answer. The vital language of the policy was this: “The . . . dues shall be due from, and paid by each member annually in advance, or in semi-annual instalments of $5.50 each, in advance, on January 1st and July 1st, without notice. . . . Any member failing to pay said dues in advance, on the day on which they become due,…
1Opinion of the CourtMaeshaul, J.
The first question presented on the appeal is this: Is the positive provision of an insurance contract to the effect that failure to make prompt payment to the assurer at the precise time specified therein shall operate as an ex-tinguishment of the risk till reinstatement in the manner provided therein, subject to constructive waiver by conduct of the company, inconsistent with nonexistence of the contract ? That is ruled in the affirmative by the following adjudications of this court: Bannister v. Patty’s Ex’rs, 35 Wis. 215; Alexander v. Continental Ins. Co. 67 Wis. 422, 30 N. *408W. 727;…
2Cases cited6 opinions
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Jackson v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1891
- Bannister v. Patty'sWisconsin Supreme Court · 1874
- Knoebel v. North American Accident InsuranceWisconsin Supreme Court · 1908
- Reisz v. Supreme Council American Legion of HonorWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fugina v. Northwestern National Life InsuranceWisconsin Supreme Court · 1914
- Phillips v. Fraternal Reserve Ass'nWisconsin Supreme Court · 1920
- Stehlik v. Milwaukee Typographical Union No. 23Wisconsin Supreme Court · 1919
- Thorson v. Wisconsin Life InsuranceWisconsin Supreme Court · 1938