French v. Continental Assurance Co.

The principal question involved on this appeal is whether the policy sued upon was in force at the time of insured’s death. It is contended by defendant that it was not, because of the failure to pay the premium instalment due on March 2d within the period of grace or at any other time prior to the death of the insured. Plaintiff contends that the insurance company had no right tO' declare a forfeiture for nonpayment of premium because the policy contained no express provision that in the event of nonpayment of premium within the grace period the policy should lapse. It is conceded by both…