Commonwealth Life Ins. Co. v. Francis

Opinion op the Court by

Judge Fulton

Reversing.

The appellant, Commonwealth Life Insurance Company, insured the life of Hallie B. Francis in the sum of $1,000 by policy dated August 30, 1935, the appellee, Laura Francis, being the beneficiary in the policy. The policy provided for the payment of an annual premium of $32.89 and that if any premium was not paid when due the policy should be null and void.

By a rider attached to the policy the company agreed in substance (so far as material to this case) that upon receipt of due proof that the insured has become totally and permanently disabled and…