Duerksen v. Brookings International Life & Casualty Co.
South Dakota Supreme Court
1DissentHomeyer, Judge
I dissent. The Lyke case referred to by the majority can hardly be considered precedent to affirm. This case decided in 1919 merely states as "undoubtedly the correct rule of law" a concession in respondent's brief that payment of an annual premium provides coverage from the time the policy became effective for an entire year. It then computes the policy year from the issue date of the policy as distinguished from the date of approval of the application for insurance by the company which would have resulted in a lapse. I do not believe this case should be interpreted to hold that an…
2Cases cited9 opinions
- Kampf v. Franklin Life InsuranceSupreme Court of New Jersey · 1960
- Southland Life Insurance v. VelaTexas Supreme Court · 1949
- Stramback v. Fidelity Mutual Life InsuranceSupreme Court of Minnesota · 1905
- Great Southern Life Insurance v. PeddyTexas Supreme Court · 1942
- Kurth v. National Life & Accident Ins. Co.Court of Appeals of Texas · 1935
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