Fidelity Mut. Life Ins. v. Price
Court of Appeals of Kentucky
Case 4 — Action by iSue E. Price against the Fidelity Mutual Life Insurance Company, to Recover on a Policy on Her -Deceased Husband. appeal from warren circuit court. Judgment for Plaintiff and Defendant Appeals. - POINTS AND AUTHORITIES CITED. 1. W-here the policy becomes void- on failure to pay premium, a note taken for the premium is not payment, if the note also-provides that policy shall be void on failure to pay same at maturity.
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Case 4 — Action by iSue E. Price against the Fidelity Mutual Life Insurance Company, to Recover on a Policy on Her -Deceased Husband. appeal from warren circuit court. Judgment for Plaintiff and Defendant Appeals. - POINTS AND AUTHORITIES CITED. 1. W-here the policy becomes void- on failure to pay premium, a note taken for the premium is not payment, if the note also-provides that policy shall be void on failure to pay same at maturity. It is only a postponement of the time of forfeiture. Knickerbocker Ins^ Co. v. Pendleton, 112 U. S.f 696; Johnson v. Southern Mutual Life Ins. Co., 79 Ky.,…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Reversing.
On the 22d of April, 1896, in consideration of $217.00, and the payment of a like sum annually thereafter on the 22d of April of each year, the appellant issued a policy on the life of George T. Price for $10,000, payable at bis death to Sue E. Price, wife of the insured. Before the annual premium became due April 22, 1900, the insured asked the company to grant an extension of four months in which to pay the premium. The manager of the appellant’s Louisville office notified Price that he had no authority to grant the extension without the…
2Cases cited7 opinions
- St. Louis Mutual Life Insurance v. GrigsbyCourt of Appeals of Kentucky · 1874
- Moreland v. Union Central Life InsuranceCourt of Appeals of Kentucky · 1898
- Phœnix Ins. v. StevensonCourt of Appeals of Kentucky · 1879
- Provident Sav. Life Assur. So. v. Puryear's Admr.Court of Appeals of Kentucky · 1900
- Manhattan Life Ins. v. MyersCourt of Appeals of Kentucky · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Southland Life Ins. v. HopkinsTexas Commission of Appeals · 1922
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Wastun v. Lincoln Nat. Life Ins. Co. of Ft. Wayne, Ind.Court of Appeals for the Eighth Circuit · 1926
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- Keller v. North American Life InsuranceIllinois Supreme Court · 1921
28 more not listed; retrieve them via the Exa API.