Williams v. Washington Life Ins.
Supreme Court of Iowa
A/pgeal from Dubuque Ciramt Court. Action upou a life insurance policy made by the defendant, March 1, 1869, insuring the life of Mary F. Williams, the mother of plaintiff. The petition .alleged the execution of the .policy upon an .agreed consideration, the death of the insured, notice and proof thereof, and the failure of defendants to pay.
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A/pgeal from Dubuque Ciramt Court. Action upou a life insurance policy made by the defendant, March 1, 1869, insuring the life of Mary F. Williams, the mother of plaintiff. The petition .alleged the execution of the .policy upon an .agreed consideration, the death of the insured, notice and proof thereof, and the failure of defendants to pay. The answer admitted the execution of the policy, the death and notice thereof, but alleged the non-payment of the premiums as they became due (specifying them), and the forfeiture of the policy thereby; and also, that, subsequent to the execution and…
1Opinion of the CourtCole, J.
The court instructed the jury that, “ by the terms of the policy, a mere omission to pay the premiums when due would not alone work a forfeiture; if a forfeiture of the policy is claimed for the non-payment of premiums, it must be shown that an agent of the company presented a receipt for the premiums to a person liable to pay it, and such person refused or neglected to make the payment thereof.” This is assigned as error.
The language of the policy is: • “ If the said premiums shall not be paid on or before the days' above mentioned for the payment thereof, at the office of the company in the…
2Cited by6 opinions
- Hess' Admr. v. SegenfelterCourt of Appeals of Kentucky · 1907
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Lauze v. New York Life InsuranceSupreme Court of New Hampshire · 1907
- Hartz v. TruckenmillerSupreme Court of Iowa · 1940
- Insurance Company v. ChowningCourt of Appeals of Texas · 1894
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